Life Sciences Horizons Brochure 2025 - Flipbook - Page 68
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2025 Horizons Life Sciences and Health Care
EU clarifies regulations governing online medical product sales
The recent CJEU ruling on regulation of third-party
platforms involved in the online sale of medicinal
products (Case C-606/21, issued September 21, 2023)
marked a pivotal moment for online health platforms
in the EU. The Court clarified that such platforms,
when their services are distinct from the sales process
managed by pharmacies, qualify as “information
society services” under EU law.
While outright prohibitions or unjustified restrictions on these
platforms are not permitted, EU Member States have retained the
right to enforce measures aimed at “protecting public health,”
provided these are “proportionate” and “non-discriminatory.”
Member States can impose limits, but only if they demonstrate
that no less restrictive alternatives exist.
The ruling emphasizes that platforms providing specified and
distinct services from the sales process are protected under EU
principles governing the internal market. However, these services
must not interfere with the independent role of pharmacies as the
sole sellers.
Pharmacies and third-party platforms must therefore adopt a
business model consistent with the CJEU ruling and the
regulations of the individual Member States involved to avoid
regulatory challenges and litigation. Particular attention must be
paid to how the entire sales process is structured and managed,
the roles of the pharmacy and the platform, the configuration of
the website, interactions with customers, and other factors that
could impact compliance with the law as interpreted by the ruling.
The ruling also creates significant opportunities for both platform
providers and pharmacies. Platforms can now safely expand their
service offerings in compliance with the law. Pharmacies, while
facing increased competition, also have new opportunities to
reach a broader customer base, innovate their operations, and
integrate digital tools into their business models. By leveraging
these opportunities, pharmacies can not only safeguard their
market position but also enhance their service offerings to better
meet evolving consumer needs.
The CJEU decision is a milestone for digital transformation
in the pharmaceutical sector. By clarifying the role of third-party
platforms, it opens new avenues for innovation while balancing
public health priorities.
Giuseppe Aminzade
Counsel
Milan
