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Junek Europ-Vertrieb v. Lohmann & Rauscher International

Case No. C-642/16 (2018)

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Junek Europ-Vertrieb v. Lohmann & Rauscher International

European Union Court of Justice
Case No. C-642/16 (2018)

  • Written by Jody Stuart, JD

Facts

Junek Europ-Vertrieb GmbH (Junek) (defendant), a parallel importer, imported and marketed in Germany medical devices manufactured by Lohmann & Rauscher International GmbH & Co. KG (Lohmann) (plaintiff). Junek marketed the medical device in the device’s original internal and external packaging, adding an additional label to an unprinted portion of the package. The small label included Junek’s name, address, and telephone number, plus a barcode and an identification number used by pharmacies. The original packaging of the medical device remained unopened. In legal proceedings between Junek and Lohmann, the German national court requested a preliminary ruling from the European Union Court of Justice concerning the interpretation of Article 13(2) of Council Regulation No. 207/2009.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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