Judgment_paragraph 24 · Orifarm A/S and Others and Paranova Danmark A/S and Paranova Pack A/S v Merck Sharp & Dohme Corp. and Merck Sharp & Dohme BV and Merck Sharp & Dohme (C-400/09, C-207/10)

24A disguised restriction within the meaning of that provision will exist where the exercise by the trade mark proprietor of his right to oppose repackaging contributes to artificial partitioning of the markets between Member States and where, in addition, the repackaging is done in such a way that the legitimate interests of the proprietor are respected (see Boehringer Ingelheim and Others, paragraph 17 and the case-law cited).

Orifarm A/S and Others and Paranova Danmark A/S and Paranova Pack A/S v Merck Sharp & Dohme Corp. and Merck Sharp & Dohme BV and Merck Sharp & Dohme (C-400/09, C-207/10)

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