Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 31 March 2026 – Wellster Healthtech Group v Verband Sozialer Wettbewerb e. V.

(Case C-265/26, Wellster Healthtech Group)

(C/2026/3396)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Defendant and appellant in the appeal on a point of law: Wellster Healthtech Group

Applicant and respondent in the appeal on a point of law: Verband Sozialer Wettbewerb e. V.

Question referred

Does the freedom to provide services enshrined in Article 56 TFEU preclude legislation (in the present case, Paragraph 9 of the Heilmittelwerbegesetz (Law on the advertising of medicinal products; ‘the HWG’)) which prohibits advertising for remote treatment administered by physicians established in another Member State which does not meet the professional standards recognised in the national territory?