In the case of Syndicat national de l’industrie des technologies médicales (SNITEM) and Philips France the French national court asked the Court of Justice of the European Union (ECJ) whether a software such as „Intellispace Critical Care and Anesthesia (ICCA)“, i.e. a software assisting medical prescriptions to patients falls under the definition of a medical device under the Directive 93/42/CE.
On 28 June 2017 the Advocate General issued an opinion, contrary to the view of the French Government and noted that the disputed software falls under the definition of a medical device under the Directive 93/42/CE, in particular in light of its functions.
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