Press Release: Public procurement: infringement proceedings against Germany concerning award of discount contracts by statutory sickness insurance funds

The European Commission decided to send a formal request to Germany concerning the award of discount contracts by some 240 German statutory sickness insurance funds. The framework contracts concluded by these sickness insurance funds concern the supply of pharmaceuticals via pharmacies and specify the discount levels that suppliers give to the sickness insurance funds which pay for the pharmaceuticals delivered to the insured population. They are either concluded for groups of pharmaceutical products containing specific medical substances or for the entire portfolio of pharmaceutical products of a supplier. Contractors are mainly large pharmaceutical suppliers. This formal request took the form of a 'reasoned opinion', the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice.