Reference for a preliminary ruling from the Bundesgerichtshof (Germany), lodged on 11 May 2011 — BrainProducts GmbH v Bio Semi V.O.F. and Others

(Case C-219/11)

(2011/C 232/24)

Language of the case: German

Referring court

Bundesgerichtshof

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, (1) only in the case where it is intended for a medical purpose?

(1)  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).