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Case C-78/15: Request for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany) lodged on 20 February 2015 — Colena AG v Deiters GmbH
ECLI:EU:UNKNOWN:62015CN0078
62015CN0078
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26.5.2015
Official Journal of the European Union
C 171/16
(Case C-78/15)
(2015/C 171/18)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Colena AG
Defendant: Deiters GmbH
Questions referred
1.Are coloured non-corrective themed contact lenses consisting of copolymers and water (hydrogel) a ‘cosmetic product’ (‘substance’ and/or ‘mixture’) within the meaning of Article 2(1)(a) of Regulation (EC) No 1223/2009 (1), which is intended, within the meaning of that provision, to be placed in contact with external parts of the human body?
2.Can the scope of Regulation (EC) No 1223/2009 be extended to a situation where a product which does not fulfil the conditions of Article 2(1)(a) of the regulation appears to be a cosmetic product according to the predominant purpose for a reasonably well informed and reasonably observant and circumspect average consumer, for example owing to the fact that wording such as ‘Cosmetic eye accessories are governed by the EU Cosmetics Directive’ or ‘Colour eye accessories are governed by the EU Cosmetics Directive’ is used on the packaging?
Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products, OJ 2009 L 342, p. 59.