Orifarm Supply A/S
(both represented by Jens Jakob Bugge, Lawyer)
Merck Sharp & Dohme Corp. (formerly Merck & Co. Inc.)
Merck Sharp & Dohme B.V.
(both represented by Thomas Weincke, Lawyer)
No referral of questions to the EU Court of Justice in case concerning relabeling of pharmaceuticals
This case concerns relabeling of pharmaceuticals in connection with parallel import. Orifarm A/S and Orifarm Supply A/S had requested that questions be referred to the EU Court of Justice.
Considering the clarity in this field created by the practice of the EU Court of Justice, the Supreme Court concluded that there was no doubt regarding the interpretation of EU law that would justify referring questions to the EU Court of Justice in this case.
Consequently, the request for referral of questions to the EU Court of Justice was not granted.