EUCJ: Foreign pharmacies must not be forbidden to advertise medicinal products on search engines and price comparison websites

In its judgement of October 1, 2020, C-649/18, the EUCJ clarified that foreign pharmacies must not be forbidden to advertise medicinal products via paid referencing on search engines and price comparison websites. Such a prohibition would go beyond what is necessary to protect public health.

As regards the prohibition on making promotional offers consisting in a discount on the total price of an order of medicinal products once a certain amount is exceeded, the Court notes that the eCommerce Directive does not, in principle, preclude the application of such a  prohibition by the Member State of destination, where such a prohibition is intended to prevent the excessive or inappropriate use of  medicinal products. The Court specifies, however, that such a prohibition must be sufficiently circumscribed and particularly targeted solely  at medicinal products and not at mere para-pharmaceutical products.