CELEX: 62016CN0642
Language: en
Date: 2016-12-14 00:00:00
Title: Case C-642/16: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 14 December 2016 — Junek Europ-Vertrieb GmbH v Lohmann & Rauscher International GmbH & Co. KG

3.4.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 104/26
            
         Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 14 December 2016 — Junek Europ-Vertrieb GmbH v Lohmann & Rauscher International GmbH & Co. KG
   (Case C-642/16)
   (2017/C 104/39)
   Language of the case: German
   
      Referring court
   
   Bundesgerichtshof
   
      Parties to the main proceedings
   
   
      Applicant: Junek Europ-Vertrieb GmbH
   
      Defendant: Lohmann & Rauscher International GmbH & Co. KG
   
      Questions referred
   
   Must Article 13(2) of Regulation (EC) No 207/2009 (1) be interpreted as meaning that the proprietor of the mark can oppose further commercialisation of a medical device imported from another Member State in its original internal and external packaging, to which the importer has affixed an additional external label, unless
   
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               it is established that reliance on trade-mark rights by the proprietor in order to oppose the marketing of the overstickered product under that trade mark would contribute to an artificial partitioning of the markets between Member States;
            
         
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               it is shown that the new labelling cannot adversely affect the original condition of the product inside the packaging;
            
         
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               the packaging states clearly who overstickered the product and the name of the manufacturer;
            
         
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               the presentation of the overstickered product is not such as to be liable to damage the reputation of the trade mark and of its proprietor; thus, the label must not be defective, of poor quality, or untidy; and
            
         
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               the importer gives notice to the trade mark proprietor before the overstickered product is placed on the market, and, on demand, provides him with a specimen of that product.
            
         
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ L 78, 24.3.2009, p. 1).