6.8.2011
EN
Official Journal of the European Union
C 232/15
Reference for a preliminary ruling from the Bundesgerichtshof (Germany), lodged on 11 May 2011 — BrainProducts GmbH v Bio Semi V.O.F. and Others
(Case C-219/11)
2011/C 232/24
Language of the case: German
Referring court
Bundesgerichtshof
Parties to the main proceedings
Claimant and appellant: BrainProducts GmbH
Defendants and respondents: Bio Semi V.O.F., Antonius Pieter Kuiper,. Robert Jan Gerard Honsbeek, Alexander Coenraad Metting van Rijn
Question referred
Does a product which is intended by the manufacturer to be applied for human beings for the purpose of investigation of a physiological process constitute a medical device, within the terms of the third indent of Article 1(2)(a) of Directive 93/42/EEC, (1) only in the case where it is intended for a medical purpose?
(1) Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ 1993 L 169, p. 1), last amended by Directive 2007/47/EC of the European Parliament and the Council of 5 September 2007 (OJ 2007 L 247, p. 21).
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