Judgment_paragraph 49 · Servoprax GmbH v Roche Diagnostics Deutschland GmbH (C-277/15)

49In that regard, the Commission submits, referring by analogy to the Court’s case-law on the application of trademark law to the repackaging of products, more specifically the judgment of 11 July 1996, Bristol-Myers Squibb and Others (C‑427/93, C‑429/93 and C‑436/93, EU:C:1996:282) and the order of 11 December 2002, Merkur Chemical (C‑134/00, not published, EU:C:2002:743), that a manufacturer may not object to the affixing by a parallel importer of a label or the attachment of a translation of the instructions for use, provided that that importer has taken the trouble to notify in advance that manufacturer of the placing of the repackaged product for sale, in order to enable the manufacturer to verify the accuracy of that information and to ensure the safety of the product and of patients. That verification would extend to units of measurement and would offer an effective answer to concerns in relation to the health of patients.

Servoprax GmbH v Roche Diagnostics Deutschland GmbH (C-277/15)

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