Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 6 June 2013 — Novo Nordisk Pharma GmbH v Corinna Silber

(Case C-310/13)

2013/C 260/37

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Defendant and appellant on a point of law: Novo Nordisk Pharma GmbH

Claimant and respondent in the appeal on a point of law: Corinna Silber

Question referred

Must Article 13 of Directive 85/374/EEC (1) be interpreted as meaning that, as a ‘special liability system’, the German system of liability for pharmaceutical products is in general not affected by that directive, with the result that the national system of liability for pharmaceutical products may be further developed, or must that provision be interpreted as meaning that no extension is permitted to the situations covered by the liability system for pharmaceutical products existing at the point in time at which the directive was notified (30 July 1985)?

(1)  Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ 1985 L 210, p. 29).