Contrary to usual practice, the Administrative Court did not say a single word about the question of the claim: “It does not discuss whether there are comparable safety standards in the Netherlands with Germany with regard to mail order business. The only reason for rejection with regard to the pharmacists who submitted the application is the alleged lack of urgency,” said the FA. In the case of economic disadvantages, urgency can generally only be assumed if it concerns existential concerns and the pharmacists’ economic existence would be at risk without the issuance of the requested order.
Therefore, the decision was made to lodge an appeal against this with the Higher Administrative Court of Münster. Attorney Dr. Fiete Kalscheuer from the Brock Müller Ziegenbein law firm, who is representing the pharmacists in the matter, explains: “The hurdle of endangering the existence of a company to justify an order is already too high in itself and does not correspond to the requirements of the higher court jurisprudence and literature.”
Daniela Hänel, 1st Chairwoman of the Independent Pharmacists’ Association: “We cannot understand the decision of the Cologne Administrative Court. Especially in 2024, there will be a sharp increase in the market for mail order sales of pharmaceuticals due to the e-prescription and the associated CardLink procedure. This is also reflected in the figures from DocMorris and Shop-Apotheke.”
There is an urgent need for action now, not in ten years’ time at the end of the appeals process. “It cannot be that Dutch drug distributors are not subject to comparable safety standards to those in Germany and that they secure market share in the meantime while the number of pharmacies in Germany continues to decline.”
A decision by the Higher Administrative Court is expected this year.
