Judgment_paragraph 43 · Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main eV v Diagramm Halbach GmbH & Co. KG (C-427/24)

43The Court observed that the wording of Article 1(2)(a) of Directive 93/42 had been amended by Article 2 of Directive 2007/47/EC of the European Parliament and of the Council of 5 September 2007 amending Council Directive 90/385/EEC on the approximation of the laws of the Member States relating to active implantable medical devices, Council Directive 93/42/EEC concerning medical devices and Directive 98/8/EC concerning the placing of biocidal products on the market (OJ 2007 L 247, p. 21), recital 6 of which states that software is a medical device in its own right when specifically intended by its manufacturer to be used for one or more of the medical purposes set out in the definition of a medical device; furthermore, that recital states that software for general purposes, when used in a healthcare setting, is not a medical device (judgment of 7 December 2017, Snitem and Philips France, C‑329/16, EU:C:2017:947, paragraph 24).

Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main eV v Diagramm Halbach GmbH & Co. KG (C-427/24)

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