7.9.2015   

EN

Official Journal of the European Union

C 294/34


Request for a preliminary ruling from the Sø- og Handelsretten (Denmark) lodged on 18 June 2015 — Ferring Lægemidler A/S, acting on behalf of Ferring B.V. v Orifarm A/S

(Case C-297/15)

(2015/C 294/42)

Language of the case: Danish

Referring court

Sø- og Handelsretten

Parties to the main proceedings

Applicant: Ferring Lægemidler A/S, acting on behalf of Ferring B.V.

Defendant: Orifarm A/S

Questions referred

1.

Must Article 7(2) of Directive 2008/95/EC (1) of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks and the related case-law be interpreted as meaning that a trade mark proprietor may lawfully object to the continued marketing of a medicinal product by a parallel importer, where the importer has repackaged the medicinal product in a new, outer packaging and reaffixed the trade mark in a situation where the trade mark proprietor has marketed the medicinal product in the same volume and packet sizes in all EEA countries where the medicinal product is sold?

2.

Will the answer to the first question be different if the trade mark proprietor in both the country of export and the country of import has marketed the medicinal product in two different packet sizes (10-piece packets and 1-piece packets) and the importer has purchased 10-piece packets in the country of export and repackaged them in 1-piece packets, on which the trade mark has been reaffixed before the products are marketed in the country of import?


(1)  OJ 2008 L 299, p. 25.