Federal Court of Justice confirms admissibility of prescription bonuses

Frauenfeld, 17 July 2025

Press release
Ad hoc announcement pursuant to Art. 53 LR

Federal Court of Justice confirms admissibility of prescription bonuses

• Federal Court of Justice follows European Court of Justice ruling
• Federal Court of Justice sees no threat to supply of medicines
• DocMorris reintroduces cash bonus

The Federal Court of Justice (BGH) today upheld the defendant's appeal. The ruling of the Munich Higher Regional Court (6 U 1509/14) prohibiting bonuses for the dispensing of prescription drugs (Rx) was overturned. The action brought by the Bavarian Pharmacists' Association (BAV) seeking a ban on prescription bonuses was dismissed in its entirety.

In the opinion of the judges, no statistical data or other meaningful evidence could be provided to prove that price fixing for Rx drugs was necessary to ensure the health of patients and the nationwide supply of drugs in Germany. In its oral hearing on 7 May, the BGH could not see any connection between the prescription bonus and the decline in the number of pharmacies. Online pharmacies would, in fact, contribute to ensuring supply across the country.

The BGH's ruling is in line with the landmark decision of the European Court of Justice (ECJ) from 2016, according to which fixed prices for prescription drugs violate EU law (ECJ, Case 148/15 - ‘Deutsche Parkinson Vereinigung’). On 27 February this year, the ECJ also confirmed once again that advertising discounts and bonuses by an EU mail-order pharmacy for the purchase of prescription drugs is generally permissible and that a corresponding ban is contrary to Community law (Case C-517/23).

“Today's ruling by the Federal Court of Justice once again underscores our legal position,” says Walter Hess, CEO of DocMorris. “We have always granted our customers prescription bonuses at our own expense and will now do so again. The burden on patients has increased in recent years, with their average co-payment per package rising by 10 per cent to €3.30 since 2019. The discount reduces this burden. This allows sick people to save on their healthcare expenses without incurring additional costs for the healthcare system.“

DocMorris grants prescription bonus to customers again
Based on the recent ruling by the Federal Court of Justice, DocMorris is once again offering its customers a financial bonus with immediate effect.  The bonus applies to online orders for all prescription medicines. It will be credited to the customer's account and automatically paid out by bank transfer at the end of the quarter.

Investors and analyst contact
Dr. Daniel Grigat, Head of Investor Relations & Sustainability
Email: ir@docmorris.com, phone: +41 52 560 58 10

Media contact
Torben Bonnke, Director Communications
Email: media@docmorris.com, phone: +49 171 864 888 1

Agenda

DocMorris
The Swiss-based DocMorris AG is a leading company in the fields of online pharmacy, marketplace and professional healthcare with strong brands in Germany and other European countries. Deliveries are mainly from the highly automated logistics centre in Heerlen, the Netherlands, with a capacity of over 27 million parcels per year. In Spain and France, the company operates the leading marketplace for health and personal care products in Southern Europe. With its business model, DocMorris offers its patients, customers and partners a broad range of products and services. In doing so, DocMorris is pursuing its vision of creating a digital health ecosystem for everyone to manage their health in one click. Around 1,600 employees in Germany, the Netherlands, Spain, France, Portugal and Switzerland generated an external revenue of CHF 1,085 million serving more than10 million active customers in 2024. The shares of DocMorris AG are listed on the SIX Swiss Exchange (securities number 4261528, ISIN CH0042615283, ticker DOCM). For further information, please visit corporate.docmorris.com.