Question
Deutsche Parkinson Vereinigung (DPV) is a German organization devoted to improving the lives of those afflicted with Parkinson's disease. DPV entered into a relationship with
Deutsche Parkinson Vereinigung (DPV) is a German organization devoted to improving the lives of those afflicted with Parkinson's disease. DPV entered into a relationship with DocMorris, a mail order pharmacy located in the Netherlands, whereby DPV members could benefit from the purchase of DocMorris prescription- only medications for treating Parkinson's disease. Mail order sales of prescription-only medications are legal in Germany. A German association for protection against unfair competition viewed the arrangement as a violation of Germany's fixed-price system for the supply of prescription-only medications by pharmacies. The German system requires each manufacturer to establish a price for its medications to which wholesalers and pharmacies add additional charges. The Regional Court for Dsseldorf found a violation of the fixed-price system and ordered DPV to refrain from promoting its relationship with DocMorris to its members. On appeal, the Higher Regional Court of Dsseldorf referred the issue of whether Germany's fixed-price system was compatible with the free movement of goods to the ECJ. How should the ECJ rule in this case? How should the court address Germany's claim that its system was essential to the protection of human health and life?
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