Whether the decision of mp0 can be considered a violation


Problem: Presto is an Italian mail-order pharmacy that supplies prescription medicines to customers all over the EU. Presto launches an advertising campaign for a 'Grand Prize Draw' in which the main prize is a voucher for an electric bicycle worth €2,500 and the second to tenth prizes are electric toothbrushes. A condition for participating in the prize draw is the submission of a medical prescription. By decision of 31 January 2021, the Medicinal Product Control (MPG) Section of the German Minister of Health banned Presto from the dissemination of any advertising related to that promotion. German law prohibits any form of the promotion of the sale of pharmaceuticals. As Germany is one of its largest markets, Presto seeks your advice on whether the decision of the MP0 can be considered a violation of EU law.

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