Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Document 62012CN0210

    Case C-210/12: Reference for a preliminary ruling from the Bundespatentgericht (Germany), lodged on 3 May 2012 — Sumitomo Chemical Co. Ltd

    OJ C 209, 14.7.2012, p. 4–4 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    14.7.2012   

    EN

    Official Journal of the European Union

    C 209/4

    Reference for a preliminary ruling from the Bundespatentgericht (Germany), lodged on 3 May 2012 — Sumitomo Chemical Co. Ltd

    (Case C-210/12)

    2012/C 209/06

    Language of the case: German

    Referring court

    Bundespatentgericht

    Party to the main proceedings

    Appellant: Sumitomo Chemical Co. Ltd

    Questions referred

    1.

    Is Article 3(1)(b) of Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products (1) to be interpreted as not precluding the grant of a supplementary protection certificate for a plant protection product if a valid marketing authorisation was granted in accordance with Article 8(4) of Directive 91/414/EEC?

    2.

    If Question 1 is answered in the affirmative:

    Is it necessary under Article 3(1)(b) of Regulation (EC) No 1610/96 for the marketing authorisation to be still in force at the time of application for the certificate?

    3.

    If the answer to Question 1 is in the negative:

    Is Article 7(1) of Regulation (EC) No 1610/96 to be interpreted as meaning that an application can be lodged even before the period mentioned in that provision starts to run?

    (1)  OJ 1996 L 198, p. 30.

    Top