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Case C-219/11: Reference for a preliminary ruling from the Bundesgerichtshof (Germany), lodged on 11 May 2011 — BrainProducts GmbH v Bio Semi V.O.F. and Others
ECLI:EU:UNKNOWN:62011CN0219
62011CN0219
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6.8.2011
Official Journal of the European Union
C 232/15
(Case C-219/11)
(2011/C 232/24)
Language of the case: German
Referring court
Parties to the main proceedings
Claimant and appellant: BrainProducts GmbH
Defendants and respondents: Bio Semi V.O.F., Antonius Pieter Kuiper,. Robert Jan Gerard Honsbeek, Alexander Coenraad Metting van Rijn
Question referred
Does a product which is intended by the manufacturer to be applied for human beings for the purpose of investigation of a physiological process constitute a medical device, within the terms of the third indent of Article 1(2)(a) of Directive 93/42/EEC, (<span class="oj-super oj-note-tag">1</span>) only in the case where it is intended for a medical purpose?
Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ 1993 L 169, p. 1), last amended by Directive 2007/47/EC of the European Parliament and the Council of 5 September 2007 (OJ 2007 L 247, p. 21).
Language of the case: German