# C_2004094EN.01000102.xml

| 17.4.2004 | EN | Official Journal of the European Union | C 94/1 |
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17.4.2004

EN

Official Journal of the European Union

C 94/1

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

11 March 2004

In Case C-182/01 (Reference for a preliminary ruling from the Oberlandesgericht Düsseldorf): Saatgut-Treuhandverwaltungsgesellschaft mbH v Werner Jäger (1)

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(Plant varieties - System of protection - Article 14(3) of Regulation (EC) No 2100/94 and Articles 3(2) and 8 of Regulation (EC) No 1768/95 - Organisation of holders - Meaning - Organisation's obligation to act only for its members - Use by farmers of the product of the harvest - Obligation to provide information to the holder of the Community right)

(2004/C 94/02)

Language of the case: German

In Case C-182/01: References to the Court under Article 234 EC by the Oberlandesgericht Düsseldorf (Germany) for a preliminary ruling in the proceedings pending before that court between Saatgut-Treuhandverwaltungsgesellschaft mbH and Werner Jäger, on the interpretation of the sixth indent of Article 14(3) of Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (OJ 1994 L 227, p. 1) and of Articles 3(2) and 8 of Commission Regulation (EC) No 1768/95 of 24 July 1995 implementing rules on the agricultural exemption provided for in Article 14(3) of Regulation No 2100/94 (OJ 1995 L 173, p. 14), the Court (Fifth Chamber), composed of: P. Jann, acting for the President of the Fifth Chamber, C.W.A. Timmermans and S. von Bahr (Rapporteur), Judges; D. Ruiz-Jarabo Colomer, Advocate General; L. Hewlett, Principal Administrator, for the Registrar, has given a judgment on 11 March 2004, in which it has ruled:

| 1. | Article 3(2) of Commission Regulation (EC) No 1768/95 of 24 July 1995 implementing rules on the agricultural exemption provided for in Article 14(3) of Council Regulation (EC) No 2100/94 on Community plant variety rights must be interpreted as meaning that a limited company is capable of constituting an ‘organisation of holders’ of plant variety rights for the purposes of that provision. Such an organisation may invoke the rights of holders who are members of another organisation where the other organisation is itself a member of the first organisation. However, it may not invoke the rights of holders who, although not members of the first organisation or of another organisation which is, have appointed it to safeguard their interests in return for a consideration; |
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1.

Article 3(2) of Commission Regulation (EC) No 1768/95 of 24 July 1995 implementing rules on the agricultural exemption provided for in Article 14(3) of Council Regulation (EC) No 2100/94 on Community plant variety rights must be interpreted as meaning that a limited company is capable of constituting an ‘organisation of holders’ of plant variety rights for the purposes of that provision. Such an organisation may invoke the rights of holders who are members of another organisation where the other organisation is itself a member of the first organisation. However, it may not invoke the rights of holders who, although not members of the first organisation or of another organisation which is, have appointed it to safeguard their interests in return for a consideration;

| 2. | The provisions of the sixth indent of Article 14(3) of Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights in conjunction with Article 8(2) of Regulation No 1768/95 cannot be construed as meaning that the holder of a Community plant variety right can require a farmer to provide the information specified in those provisions where there is no indication that the farmer has used or will use, for propagating purposes in the field, on his own holding, the product of the harvest obtained by planting, on his own holding, propagating material of a variety other than a hybrid or synthetic variety which is covered by that right and belongs to one of the agricultural plant species listed in Article 14(2) of Regulation No 2100/94. |
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2.

The provisions of the sixth indent of Article 14(3) of Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights in conjunction with Article 8(2) of Regulation No 1768/95 cannot be construed as meaning that the holder of a Community plant variety right can require a farmer to provide the information specified in those provisions where there is no indication that the farmer has used or will use, for propagating purposes in the field, on his own holding, the product of the harvest obtained by planting, on his own holding, propagating material of a variety other than a hybrid or synthetic variety which is covered by that right and belongs to one of the agricultural plant species listed in Article 14(2) of Regulation No 2100/94.

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(1)  OJ C 200 of 14.07.2001.

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