12.9.2009 |
EN |
Official Journal of the European Union |
C 220/19 |
Reference for a preliminary ruling from the Bundespatentgericht (Germany), lodged on 24 June 2009 — Rechtsanwaltssozietät Lovells v Bayer CropScience AG
(Case C-229/09)
2009/C 220/34
Language of the case: German
Referring court
Bundespatentgericht
Parties to the main proceedings
Claimant: Rechtsanwaltssozietät Lovells
Defendant: Bayer CropScience AG
Question referred
For the purpose of the application of 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) must account be taken exclusively of a marketing authorisation under Article 4 of Directive 91/414/EEC, (2) or can a certificate also be issued pursuant to a marketing authorisation which has been granted on the basis of Article 8(1) of Directive 91/414/EEC?