Asunto C-642/16: Petición de decisión prejudicial planteada por el Bundesgerichtshof (Alemania) el 14 de diciembre de 2016 — Junek Europ-Vertrieb GmbH/Lohmann & Rauscher International GmbH & Co. KG
Section | información judicial |
3.4.2017 ES Diario Oficial de la Unión Europea C 104/26
Lengua de procedimiento: alemán
Bundesgerichtshof
Demandada y recurrente en casación: Junek Europ-Vertrieb GmbH
Demandante y recurrida en casación: Lohmann & Rauscher International GmbH & Co. KG
¿Debe interpretarse el artículo 13, apartado 2, del Reglamento (CE) n.o 207/2009 (1) en el sentido de que el titular de la marca puede oponerse legítimamente a la comercialización ulterior de un producto sanitario importado de otro Estado miembro en su embalaje interno y externo original, al que el importador ha adherido una etiqueta externa adicional, a menos que:
— se acredite que la utilización del derecho de marca, por parte de su titular, para oponerse a la comercialización con esa marca de los productos que han sido objeto de un nuevo etiquetado contribuiría a compartimentar artificialmente los mercados entre Estados miembros;
— se demuestre que el nuevo etiquetado no puede afectar al estado original del producto contenido en el embalaje;
— se indique claramente en el embalaje el autor del nuevo etiquetado del producto y el nombre del fabricante...
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