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Case C-642/16: Judgment of the Court (Fifth Chamber) of 17 May 2018 (request for a preliminary ruling from the Bundesgerichtshof, Germany) — Junek Europ-Vertrieb GmbH v Lohmann & Rauscher International GmbH & Co. KG (Reference for a preliminary ruling — Intellectual property — Trade-mark law — Regulation (EC) No 207/2009 — Article 13 — Exhaustion of the rights conferred by a trade mark — Parallel imports — Repackaging of the product bearing the mark — New labelling — Conditions applicable to medical devices)
ECLI:EU:UNKNOWN:62016CA0642
62016CA0642
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(Case C-642/16) (*1)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Junek Europ-Vertrieb GmbH
Defendant: Lohmann & Rauscher International GmbH & Co. KG
Operative part of the judgment
Article 13(2) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark must be interpreted as meaning that the proprietor of a mark cannot oppose the further commercialisation, by a parallel importer, of a medical device in its original internal and external packaging where an additional label, such as that at issue in the case in the main proceedings, has been added by the importer, which, by its content, function, size, presentation and placement, does not give rise to a risk to the guarantee of origin of the medical device bearing the mark.
*
(1) OJ C 104, 3.4.2017.