Notice for the OJ
JUDGMENT OF THE COURT
23 April 2002
in Case C-443/99 (Reference for a preliminary ruling from the Oberlandesgericht Wien): Merck, Sharp & Dohme GmbH v Paranova Pharmazeutika Handels GmbH,(1) (Trade marks ( Directive 89/104/EEC ( Article 7(2) ( Exhaustion of the rights conferred by the trade mark ( Pharmaceutical products ( Parallel importation ( Repackaging of the trade-marked product)
(Language of the case: German)
(Provisional translation; the definitive translation will be published in the European Court Reports)
In Case C-443/99: Reference to the Court under Article 234 EC by the Oberlandesgericht Wien (Austria) for a preliminary ruling in the proceedings pending before that court between Merck, Sharp & Dohme GmbH and Paranova Pharmazeutika Handels GmbH, on the interpretation of Article 7(2) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1), as amended by the Agreement on the European Economic Area of 2 May 1992 (OJ 1994 L 1, p. 3), the Court, composed of: G.C. Rodríguez Iglesias, President, P. Jann (President of Chamber), C. Gulmann (Rapporteur), D.A.O. Edward, M. Wathelet, R. Schintgen, V. Skouris, J.N. Cunha Rodrigues and C.W.A. Timmermans, Judges; F.G. Jacobs, Advocate General; D. Louterman-Hubeau, Head of Division, for the Registrar, has given judgment on 23 April 2002, in which it has ruled:
Replacement packaging of pharmaceutical products is objectively necessary within the meaning of the Court's case-law if, without such repackaging, effective access to the market concerned, or to a substantial part of that market, must be considered to be hindered as the result of strong resistance from a significant proportion of consumers to relabelled pharmaceutical products.
____________1 - OJ C 34 of 5.2.2000