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Document 62015CA0662

    Case C-662/15: Judgment of the Court (Sixth Chamber) of 24 November 2016 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Lohmann & Rauscher International GmbH & Co. KG v BIOS Medical Services GmbH, formerly BIOS Naturprodukte GmbH (Reference for a preliminary ruling — Approximation of laws — Directive 93/42/EEC — Medical devices — Class I device (sterile wound dressings) which has been the subject of a conformity assessment procedure by the manufacturer — Parallel imports — Addition to the labelling of information relating to the importer — Supplementary conformity assessment procedure)

    IO C 30, 30.1.2017, p. 14–15 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    30.1.2017   

    EN

    Official Journal of the European Union

    C 30/14


    Judgment of the Court (Sixth Chamber) of 24 November 2016 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Lohmann & Rauscher International GmbH & Co. KG v BIOS Medical Services GmbH, formerly BIOS Naturprodukte GmbH

    (Case C-662/15) (1)

    ((Reference for a preliminary ruling - Approximation of laws - Directive 93/42/EEC - Medical devices - Class I device (sterile wound dressings) which has been the subject of a conformity assessment procedure by the manufacturer - Parallel imports - Addition to the labelling of information relating to the importer - Supplementary conformity assessment procedure))

    (2017/C 030/15)

    Language of the case: German

    Referring court

    Oberlandesgericht Düsseldorf

    Parties to the main proceedings

    Applicant: Lohmann & Rauscher International GmbH & Co. KG

    Defendant: BIOS Medical Services GmbH, formerly BIOS Naturprodukte GmbH

    Operative part of the judgment

    Article 1(2)(f) and Article 11 of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices, as amended by Directive 2007/47/EC of the European Parliament and of the Council of 5 September 2007, must be interpreted as not requiring a parallel importer of a medical device, such as that at issue in the main proceedings, which bears a CE marking and which has been subjected to a conformity assessment within the meaning of that Article 11, to carry out a further assessment designed to certify the conformity of the information allowing its identification which that parallel importer adds to the labelling of that device with a view to that device being placed on the market of the Member State of importation.


    (1)  OJ C 118, 4.4.2016.


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