The question which has been referred for a preliminary ruling from the Oberlandesgericht Nürnberg (Germany) in Case C-127/09 Coty Prestige Lancaster Group GmbH v Simex Trading AG has now been published on the Curia website. It is:

"Are goods put on the market within the meaning of Article 13(1) of Regulation (EC) No 40/94 and Article 7 of Directive 89/104/EEC if 'perfume testers' are made available to contractually-bound intermediaries without transfer of ownership and with a prohibition on the sale thereof so that those intermediaries are able to allow potential customers to use the contents of the goods for test purposes, the goods bearing a notice stating that they may not be sold, the recall of the goods by the manufacturer/trade mark proprietor at any time remaining contractually possible and the packaging of the goods being significantly different from the goods usually put on the market by the manufacturer/trade mark proprietor in that it is plainer?"