Federal Court Prohibits Sunday Deliveries by Pharmacies

In a recent ruling, the Federal Court of Germany (BGH) has determined that pharmacies are not permitted to operate delivery services for medications on Sundays and public holidays unless they are designated for emergency duty. This decision reinforces existing legal requirements regarding pharmacy operations on these days.

The case originated when the German Competition Authority filed a lawsuit against a pharmacist in Cologne who had partnered with a now-defunct medication delivery service. Customers were able to order medications through an app and receive deliveries from the pharmacist even on Sundays and holidays. The deliveries were prepared within the pharmacy and dispatched on the same day by delivery personnel.

The Competition Authority argued that this practice violated the Retail Opening Act, specifically pointing to provisions in North Rhine-Westphalia's laws on Sunday and holiday operations. The Cologne District Court ruled in favor of the Competition Authority in April 2023, stating that the pharmacist gained an unfair competitive advantage by flouting the mandated closure regulations, which created significant disadvantages for other pharmacies that adhered to the rules.

The court emphasized that the ability to operate outside of the prescribed hours is not granted under the Pharmacy Operating Regulations. The Cologne Higher Regional Court later affirmed this decision, noting that even amendments to the Pharmacy Operating Regulations in 2012 did not imply that pharmacies could open independently of state regulations on Sundays and holidays.

In light of the case's importance, the Higher Regional Court allowed for an appeal to the BGH, which held hearings on the matter in November of the previous year. The detailed reasoning behind the BGH's ruling has now been made public.

This decision underscores the legal boundaries within which pharmacies must operate, particularly concerning their delivery services during weekends and holidays, ensuring a level playing field among all pharmacies in North Rhine-Westphalia and potentially influencing practices in other regions.