Court Overturns €27,000 Fine Against Pharmacy Dispenser Platform

A recent ruling by the Central Court of Contentious-Administrative Nº3 has cancelled a €27,000 fine levied against Berdac Smart Services by the Spanish Agency for Medicines and Health Products (AEMPS). The court also ordered AEMPS to cover the company’s legal costs following Berdac’s successful appeal.Berdac Smart Services operates a digital platform that allows patients to choose a pharmacy for the preparation of customized drug dispensers,delivered directly to their homes.

The Initial sanction and AEMPS’s Claims

AEMPS initially claimed that Berdac Smart Services engaged in illegal “intermediation” in the online sale of medicines and failed to cooperate with health authorities in the “evaluation and control of medicines.” The agency argued that the platform’s activities were unlawful.

The Court’s Ruling: A Lawful Information Society Service

however, the court disagreed. According to an analysis of Judgment 103/2025, issued on June 12th and now final, the court resolute that Berdac Smart Services provides a “lawful service of the information society.” Crucially, the court found that the platform simply connects end users with pharmacies that are already duly authorized to dispense medications.

Key Findings of the Court

• The platform does not directly sell or dispense medicines.
• It acts as an intermediary connecting patients with legitimate pharmacies.
• its function falls within the scope of a lawful information society service.

Implications for Digital Health Platforms

This ruling sets a meaningful precedent for digital health platforms operating in spain. It clarifies that simply facilitating access to authorized pharmacies does not constitute illegal intermediation in the sale of medicines.This decision provides greater legal certainty for companies offering similar services and encourages innovation in the digital healthcare space.

What This Means for Patients

The court’s decision ensures that patients can continue to benefit from the convenience and accessibility offered by platforms like berdac Smart Services. These platforms can streamline the process of obtaining customized medications and improve adherence to treatment plans.

Key Takeaways

• The court overturned a €27,000 fine against Berdac smart Services.
• AEMPS’s claims of illegal intermediation were rejected.
• The platform was deemed a lawful information society service.
• This ruling provides clarity for digital health platforms in Spain.

Looking ahead, this case highlights the need for clear and updated regulations governing digital health services.As technology continues to transform healthcare, it’s essential that legal frameworks adapt to support innovation while ensuring patient safety and regulatory compliance.