According to CJEU, the Member State on the territory of which a provider is established may prohibit the provision of a service if it is considered that the provider, who is not a pharmacist, is itself selling medicinal products not subject to medical prescription.
On the other hand, when the provider merely connects sellers and customers by means of a service which is specific to and distinct from the sale, the Member States may not prohibit that service on the grounds that the company in question participates in the electronic sale of medicines without being a pharmacist.
According to the Court of Justice of the European Union, when a provider who is not a pharmacist is considered to be selling medicinal products not subject to medical prescription itself, the Member State in the territory of which it is established may prohibit the provision of that service.
On the other hand, when the provider merely connects sellers and customers by means of a service which is specific to and distinct from the sale, the Member States may not prohibit that service on the grounds that the company in question participates in the electronic sale of medicines without being a pharmacist.
Thus, although Member States are exclusively competent to define the persons authorised or entitled to sell remotely medicinal products not subject to medical prescription to the general public via information society services, they must also ensure that medicines are offered for sale remotely to the general public via information society services and cannot therefore prohibit such a service for medicinal products not subject to medical prescription.
