Wednesday 24 January 2007
DocMorris pharmacy in Saarbrücken open again
The Dutch mail-order pharmacy DocMorris may open their pharmacy in Saarbrücken under their direction again. So yesterday decided the administrative court of Saarland, and gave it instead of a complaint against the closure of their pharmacy DocMorris. On 12 September last year, had ordered the closure of the Saarland Administrative Court, as the pharmacy is owned by a corporation and therefore do not correspond to the specifications of the German Pharmacy Act. This only allows owner-operated pharmacies, with full personal liability and includes foreign ownership of it.
The Higher Administrative Court referred to its decision yesterday, but now a decision of European Court of Justice (ECJ), some time ago, a national ban on outside ownership for Opticians in Greece, was repealed in favor of the European Union (EU) promised freedom. According to the Higher Administrative Court of Saarland out, even in the case of DocMorris, the more liberal in this case, European law, the German national pharmacy law. Therefore, the court granted interim relief DocMorris. The substance of the matter is still pending and could still be years away. DocMorris the founder and managing director, welcomed the favorable for his company's decision: "The main thing is for us first, that customers are not always open. We look forward to the reopening and the healthy competition. "
DocMorris chief Ralf Däinghaus and DocMorris pharmacy in Saarbrücken
contrast, criticized Heinz-Guenter Wolf, president of the Federal Union of German Associations of Pharmacists, "This is a step in the wrong direction. A German court clears the way for a pure capital obligated pharmacy sector. By the EC Treaty guarantees freedom of establishment, the conflict with the German pharmacy legal standing approval made it necessary. With this approach, the Court, Germany and the Member States of the EU from the right to prohibit the operation of preventive forms, which are oriented mainly to investors' interests. Adverse consequences for drug counseling and care are not inevitable. This is ominous. If it is true that the administration may disregard by relying on their individual interpretation of European law at any time by German law, should the legal certainty in Germany permanently damaged. "
ABDA President Heinz-Günter Wolf
comment
The decision of the administrative court in the Saarland the German pharmacy sector will permanently change. The way to foreign ownership and thus seems clear to real pharmacy chains. Now that really threaten adverse consequences for drug counseling and care by a purely capital obligated pharmacy sector, as ABDA President Heinz-Günter Wolf fears? I think not! Whether a pharmacy is located in a foreign owned or run by the owner is, they always have to prove themselves in the market and generate a profit of course, because otherwise they no longer exist. The succeeds only with competent staff, good services and fair prices. Partly owing to the invisible hand of the market, from the already Adam Smith, the founder of modern economics, in the 18th Century said. Their own private gain, in conjunction with a free competition, the entrepreneur brings to figure out what their customers want and to do their best. This is all of course in principle also in pharmacies.
But the admission of pharmacy chains is not without risk. It could be a ruthless cut-throat competition in the owner-managed pharmacies against the run mostly by large corporations Pharmacy chains hardly had a chance. The result would be few or only one dominant pharmacy chain and only individual owner-operated pharmacies. The invisible hand of the market for such crucial free competition would not work properly then. In this way they could the fears of an inferior drug supply may yet come true. In several countries where pharmacy chains were introduced, prices rose significantly after the pharmacy chains in the market had been widely accepted. In Norway, for example, in 2001, pharmacy chains have been approved. There is no real freedom of establishment in Norway did not, so that the only Opportunity for pharmacy chains, the acquisition of existing retail pharmacies was. Meanwhile, owner-operated pharmacies, there are virtually no more. The pharmacy market is divided between two large (German) companies, the prices of OTC medicines are significantly higher than before and the pharmacists are increasingly concentrated in the more lucrative cities, so that the Norwegian government was forced to a sufficient density of pharmacies in the country to work . The continued operation bought up pharmacies in rural areas is promoted by the state. In the U.S. there are quite a few pharmacy chains and owner-operated pharmacies, however long time peacefully side by side, free competition works pretty good and the prices of OTC medicines are rather low.
The decision of the administrative court in the matter DocMorris, however, raises an even more fundamental question. What is actually the rule of law in Germany? DocMorris has been issued in the Saarland as a corporation, the approval, although the German Pharmacy Act expressly allows only owner-operated pharmacies. You have to keep this law does not make sense to see that there is a clear breach of law by the competent Saarland Social, Health and Justice Minister Josef hedges, which he also loudly known. The correct way would have been, to seek a majority for an amendment to the German Pharmacy Act. But there would have to have the federal jurisdiction. If successful, it would then still have the desired DocMorris approval, can give this time in full compliance with the (new) law. Compliance with legal rules of the game is still the precondition for a free society, because only the right, the "weak" from the violence of the "strong" protection. The reference to the primacy of European law is not enough, although the EC Treaty (Treaty establishing the European Community) of 1957 clearly the freedom and a free internal market demands. The interpretation is still controversial. The European Commission recently warned three countries-Italy, Spain and Austria, not Germany (!) - To liberalize its pharmacy law because it infringes the EC Treaty. The countries reject the starting date. A clarification of the matter is probably only bring the European Court of Justice (ECJ). A contradiction between European law and the German national pharmacy law has been so determined yet nowhere, so it is valid indefinitely and may therefore not be ignored easily. The impression of a violation of the law by the Minister and, unfortunately, by the competent administrative court Saarland remains so.
Jens Christian Heuer
Sources: LAV-NEWS 01/07 dated 23.1.2007, DocMorris Blog, Online FTD, ABDA Homepage
Interesting Links:
homepage of the lawyers of DocMorris is
http://www.diekmann-rechtsanwaelte.de/home/index.php
Gateway to the European Union under
http:/ / europa.eu / index_en.htm
Friday 12 January 2007
improvements in health reform
In Thursday night, health policy experts have agreed the coalition parties CDU and SPD, together with Health Minister Ulla Schmidt (SPD) on changes in health reform. The agreement was necessary, especially because in some states, the criticism had been growing in parts of the health care reform. The following changes were decided:
compulsory insurance for all
From the year 2009 is a statutory compulsory insurance, that everyone must belong to a statutory or private his health insurance. Existing insurance policies can leave then only if you are already able to demonstrate a new policy.
Private Insurance
The proposed base rate (see News and Commentary October 2006) is now to be introduced in 2009 together with the Health Fund and only limited to 6 months for the privately insured already be available. This also applies to voluntarily insured by law. Anyone who is over 55 years old or needy, can also change later still to the base fare, but so far only within its Versicherungsnternehmens.
Pharmacies
The originally planned introduction of maximum surcharge rather than solid aggregates (see News and Commentary October 2006) in the drug price regulation is dropped. The pharmacies would otherwise have had the opportunity to address legal drug co-payments in whole or in part, to abandon "voluntary", as these are part of the price of prescription Azneimittel. This would be very many pharmacies have been life threatening, as the legal co-payments are in the same order as the trade margins on prescription drugs. The nationwide supply of medicines and many jobs are thus (initially) not in acute danger.
The required amount of 500 million savings Euro should not be applied with the pharmaceutical industry alone by the pharmacists through discount negotiations. If the savings does not come within one year from the date of the health reform concluded, however, the pharmacist should contribute 150 million euros. This is the mandatory discount pharmacies on the national health insurance in 2009, one of 2, - € increased to 2.30 € per item. Explanation: The merit of the pharmacy at a drug consists of a 3% premium to the purchase price and a price-independent 8, - € flat rate minus health insurance rebate (dann2, 30 instead of € 2, - €) together.
Jens Christian Heuer (own Report)
sources: n-tv News of 12.1.2007, Apotheker Zeitung (AZ) on 1/15/2007
Monday, 8 January 2007
DocMorris plans to open 500 stores in Germany, the Netherlands
online pharmacy DocMorris has found a way to legally connect to "own" pharmacies in the German market in appearance. To meet the German Pharmacy Act, which only allows owner-operated pharmacies, the new DocMorris pharmacies remain the property of the previous owner. These pay a license fee DocMorris to their medication zuverkaufen DocMorris under the logo, but get a consistent look and also receive favorable purchasing terms for their "mother" DocMorris. In July of last year's attempt DocMorris to open an in-owned pharmacy in Saarbrücken, Saarland Administrative Court on a provisional basis after several complaints, which relied on the German Pharmacy Act had failed. DocMorris is a corporation and would thus not really own pharmacy owner-managed.
The Louise pharmacy became the pharmacy DocMorris
Sources: apotheken.de and DocMorris homepage
The starting signal for the new model was DocMorris pharmacies today, again in the Saarland, this time in St. Wendel and in a few days should be followed by another pharmacy in Flensburg.
Jens Christian Heuer (own report)
Sources: Der Spiegel online edition 06/01/2007, 01/08/2007 DocMorris Blog
