Judgment_paragraph 20 · Ferring Lægemidler A/S, acting on behalf of Ferring BV v Orifarm A/S (C-297/15)

20As regards in particular the criterion of the necessity of the repackaging, the circumstances prevailing at the time of marketing in the importing State, which render repackaging objectively necessary for the medicinal product to be placed on the market in that State by the parallel importer, must be taken into account in the assessment. A trade mark proprietor’s opposition to repackaging is not justified if it hinders effective access to the importing market (see, by analogy, judgments of 12 October 1999, Upjohn, C‑379/97, EU:C:1999:494, paragraph 43, and of 23 April 2002, Boehringer Ingelheim and Others, C‑143/00, EU:C:2002:246, paragraph 46).

Ferring Lægemidler A/S, acting on behalf of Ferring BV v Orifarm A/S (C-297/15)

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