Lohmann & Rauscher International (Judgment) French Text [2016] EUECJ C-662/15 (24 November 2016)

Lohmann & Rauscher International (Judgment) French Text [2016] EUECJ C-662/15 (24 November 2016)

An importer who adds identification information to the labelling of a CE-marked class I medical device, without marketing the device in its own name or altering its original condition or presentation, is not required to conduct a new conformity assessment under Directive 93/42/EEC.

Source-derived case information.

Citation
[2016] EUECJ C-662/15
Parties
Applicant: Lohmann & Rauscher International GmbH & Co. KG; Respondent: BIOS Medical Services GmbH (anciennement BIOS Naturprodukte GmbH)
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Judgment on Preliminary Ruling
Outcome
Reference answered; importer not required to conduct new conformity assessment.
Legal Topics
Interpretation of Directive 93/42/eec, Medical Device Conformity Assessment, Parallel Importation, CE Marking, Labelling Requirements
European Union Law Medical Devices Law Interpretation of Directive 93/42/eec Medical Device Conformity Assessment Parallel Importation CE Marking Labelling Requirements

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Parties

Lohmann & Rauscher International GmbH & Co. KG

Applicant

BIOS Medical Services GmbH (anciennement BIOS Naturprodukte GmbH)

Respondent

Procedural Posture

Preliminary Reference / Judgment on Preliminary Ruling

  1. 1 Whether an importer of CE-marked class I medical devices must conduct a new conformity assessment when adding importer identification to the labelling.

Ratio Decidendi

An importer who adds identification information to the labelling of a CE-marked class I medical device, without marketing the device in its own name or altering its original condition or presentation, is not required to conduct a new conformity assessment under Directive 93/42/EEC.

Court Disposition

Reference answered; importer not required to conduct new conformity assessment.

Orders

  • Article 1(2)(f) and Article 11 of Directive 93/42/EEC do not require a parallel importer of a CE-marked medical device, already conformity assessed, to conduct a new conformity assessment for identification information added to labelling for marketing in the importing Member State.