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Case C-264/21: Request for a preliminary ruling from the Korkein oikeus (Finland) lodged on 22 April 2021 — Keskinäinen Vakuutusyhtiö Fennia v Koninklijke Philips N.V.

ECLI:EU:UNKNOWN:62021CN0264

62021CN0264

April 22, 2021
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12.7.2021

Official Journal of the European Union

C 278/30

(Case C-264/21)

(2021/C 278/42)

Language of the case: Finnish

Referring court

Parties to the main proceedings

Appellant: Keskinäinen Vakuutusyhtiö Fennia

Respondent: Koninklijke Philips N.V.

Questions referred

1.Does the concept of producer within the meaning of Article 3(1) of the Product Liability Directive (1) presuppose that a person who puts his name, trade mark or other distinguishing feature on the product, or who has allowed them to be put on the product, also presents himself as the producer of the product in some other manner?

2.If the answer to the first question is in the affirmative: Based on what considerations is his presentation as a producer of the product to be evaluated? Is it relevant to that evaluation that the product was manufactured by a subsidiary of the trade mark proprietor and distributed by another subsidiary?

(1) Directive 1999/34/EC of the European Parliament and of the Council of 10 May 1999 amending Council Directive 85/374/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ 1999 L 141, p. 20).

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