The Federal Constitutional Court has rejected two constitutional complaints filed by pharmaceutical companies challenging measures aimed at drug price regulation. The decision, announced Wednesday in Karlsruhe, marks a significant outcome in a legal dispute concerning the financial stability of Germany’s statutory health insurance system.
The court deemed portions of the complaints inadmissible, citing deficiencies in demonstrating the principle of subsidiarity – the requirement that complainants exhaust all available legal avenues before resorting to constitutional challenges – and a failure to substantiate claims of fundamental rights violations. Regarding the specific measures challenged, namely the manufacturer discount and the extension of the price moratorium, the court found the complaints to be without merit.
The pharmaceutical companies had initiated the proceedings against the Law for the Financial Stabilization of the Statutory Health Insurance, a piece of legislation designed to bolster the financial stability of the health insurance system. They argued the law’s provisions, including the manufacturer discount, the extension of the price moratorium and regulations concerning price deductions on newly patented medicines, constituted an infringement upon their professional freedom and resulted in unjustified discriminatory treatment.
The court’s ruling confirmed the legality of the interventions within the law, stating that the constitutional rights limitations imposed are justified. Crucially, the court determined these limitations are proportionate, as the legislative objective of securing the financial stability of the statutory health insurance system outweighs the affected interests in the balancing exercise. The case numbers associated with the decisions are 1 BvR 1507/23 and 1 BvR 2197/23.