DocMorris is ultimately subject to the discount dispute

DocMorris is ultimately subject to the discount dispute

Federal Constitutional Court confirms judgment of the Federal Social Court
Karlsruhe (jur). The Dutch mail order pharmacy DocMorris has now been finally defeated in the dispute over the manufacturer discounts for pharmaceuticals. With a decision published on Monday, April 11, 2016, the Federal Constitutional Court in Karlsruhe confirmed the dismissive case law of the Federal Social Court (BSG) in Kassel (ref .: 2 BvR 1305/10).

The manufacturer discount was introduced in 2003 to relieve the health insurance companies. It used to be six, now 16 and now five percent of the manufacturer's price. The discount is not paid directly by the pharmaceutical manufacturers. Rather, the health insurance companies reduce the bills of the pharmacies accordingly, the pharmacies then get the money back from the manufacturers.

The pharmacies and health insurance companies have agreed on the exact processing in a framework agreement. The manufacturer believes that participation in the contract was and is a prerequisite for reimbursement of the discounts.

DocMorris, however, initially did not join this contract and did not do so until November 13, 2008. The participation of foreign pharmacies in the framework agreement has also been regulated by law since 2010.

The reason for DocMorris joining was a first loss in the discount dispute before the 1st BSG Senate (judgment of July 28, 2008, file number: B 1 KR 4/08 R). Without the framework contract as the legal basis, the mail-order pharmacy could not claim monetary claims against third parties, namely the manufacturers. The 3rd BSG Senate joined this several times (most recently judgment and JurAgentur announcement of January 24, 2013, ref .: B 3 KR 11/11 R).

DocMorris appealed to the Federal Constitutional Court against one of these decisions (specifically against a BSG judgment of December 17, 2009, file number: B 3 KR 14/08 R). The discount is prescribed by law. In addition, the BSG should have asked the European Court of Justice (ECJ) in Luxembourg whether foreign mail-order pharmacies could be excluded from the manufacturer discount.

With its decision of March 24, 2016, which has now been published in writing, the Federal Constitutional Court did not even accept the appeal for a decision. DocMorris agreed to the deduction of the manufacturer discount with the individual health insurance companies. The company cannot derive any rights against the manufacturers from this. EU law was not violated. This is so "obvious" that a submission to the ECJ was not necessary. (mwo / fle)

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