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Case C-427/24, Diagramm Halbach: Request for a preliminary ruling from the Landgericht Bochum (Germany) lodged on 18 June 2024 – Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main eV v Diagramm Halbach GmbH & Co. KG
ECLI:EU:UNKNOWN:62024CN0427
62024CN0427
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Official Journal of the European Union
C series
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C/2024/5402
16.9.2024
(Case C-427/24, Diagramm Halbach)
(C/2024/5402)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main eV
Defendant: Diagramm Halbach GmbH & Co. KG
Questions referred
1.Does the advertising, as set out in Annex K2 to the application of 1 September 2023 (page 16 et seq. of the electronic file), for the patient wristbands at issue – in respect of which it is not disputed that they were supplied without anything printed thereon – produced by the US manufacturer Zebra Technologies Corp. contain an intended purpose within the meaning of Article 2(12) of Regulation (EU) 2017/745? (1)
2.In the event that the answer to question 1 is in the affirmative: Are the patient wristbands at issue – in respect of which it is not disputed that they were supplied without anything printed thereon – produced by the US manufacturer Zebra Technologies Corp. of the types ‘Direct Thermal Wristband Z-Band Ultrasoft’ (Part. No. 10018856) and ‘LaserBand Advanced’– as depicted in Annex K1 to the application of 1 September 2023 (page 9 et seq. of the electronic file) – offered by the defendant as ‘Patientenarmband ThermoComfort PLUS (Patient wristband ThermoComfort PLUS) (Article 511621)’ and ‘Patientenarmband LaserBand A4 ungestanzt “Erwachsene” mit Schutzfolie’ (Patient wristband LaserBand A4 unpunched ‘Adult’ with protective foil) (Article 512099)’ and advertised by the manufacturer Zebra Technologies Corp. as set out in Annex K2 to the application of 1 September 2023 (page 16 et seq. of the electronic file), medical devices within the meaning of Article 2(1) of Regulation 2017/745?
Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ 2017 L 117, p. 1).
ELI: http://data.europa.eu/eli/C/2024/5402/oj
ISSN 1977-091X (electronic edition)
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Language of the case: German.