A pharmacist dispensing prescription-only medication to a consumer without having been presented with the corresponding prescription is acting in violation of the laws governing unfair competition.
This is true regardless of whether or not the pharmacist first consults by telephone with a physician who is known to him. Section 48 paragraph 1 of the Arzneimittelgesetz (AMG, Medicinal Products Act) is a regulation providing for proper conduct on the market and one intended to protect the consumer. The occurrence of such a violation will entitle a competitor – in this case a different pharmacist – to seek injunctive relief against the pharmacist by demanding that the latter cease and desist from this practice and disclose information, and may petition the court to establish that pharmacist’s duty to compensate the claimant for damages and reimburse the costs the claimant has incurred for the warning process (Abmahnung).
Source: Ruling of the Bundesgerichtshof (BGH, Federal Court of Justice) dated January 8th, 2015, I ZR 123/13