Adjuvant:

Liberalisation push from Karlsruhe that controlled absolute prohibition on mail order trade with nonprescription medicinal cover AMG currently 43 para. 5 in constitutional interpretation not such cases so the BGH judgment recently justified by November 12, 2009 (I ZR 210/07), where a wrong medication caused by the specific risks of the shipping trade neither a health danger to humans constitutes still a relevant risk to the health of the treated animal. Such a threat is basically excluded in veterinary medicinal products which are intended only for pets held not for nutritional purposes. For mail-order pharmacies opens so that terms of an interesting niche to round out their product range, in particular as regards veterinary pharmaceutical blockbuster such as frontline & co.. However: The decision of the BGH brings clarity only for civil jurisdiction, i.e. for contest disputes. The initially according to the pure text of the law also prohibited Shipment of veterinary medicinal products to pet animals may be sanctioned but also by the administrative authorities. Whether the administrative courts share the restrictive interpretation of the law by the Federal Court of Justice, can be considered but is by no means secured.

The OVG Koblenz had no constitutional concerns in the year 2006, to take the absolute prohibition of shipping were drugs at his word. And that the different jurisdictions contrary can answer one and the same law, pharmacists know at least since the dispute over the question of whether the medicine pricing regulation also applies to foreign mail-order pharmacies. Even if the German legislature in the near future should follow the case law of the Federal Supreme Court, not only shipping pharmacists, but also lawyers can look forward. “” Because it is splendidly argue, some pets “cannot be held for nutritional purposes or which animals are not the extraction of food”. It is clear that OTC drugs on dogs and cats may be sent. At However, the doubt, just the horse would be a lucrative market for mail-order pharmacies start horses, rabbits & co.. Although traditionally the authorities tend to beat to horses and rabbits for food-producing animals. It would be not surprising however, also in this respect the last word would once again raised in Karlsruhe. Free of charge and without obligation at for more information