On September 22, 2020, the Austrian Supreme Court, in its decision 4Ob135/20m confirmed that the fact that a medical device is correctly marked CE gives rise to assuming that the device meets the requirements of the law. Whether this (legal) assumption can be rebutted in the Unfair Competition proceedings or whether that requires proceedings according to art 8 of EC-Directive 98/79/EC was left open.
In any case: If it can reasonably be assumed that these requirements are met, there is no unfair competition.