# C_2004300EN.01001201.xml

| 4.12.2004 | EN | Official Journal of the European Union | C 300/12 |
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4.12.2004

EN

Official Journal of the European Union

C 300/12

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 14 October 2004

in Case C-336/02 (reference for a preliminary ruling from the Landgericht Düsseldorf): Saatgut-Treuhandverwaltungsgesellschaft mbH v Brangewitz GmbH (1)

1

(Plant varieties - System of protection - Article 14(3) of Regulation (EC) No 2100/94 and Article 9 of Regulation (EC) No 1768/95 - Use by farmers of the product of the harvest - Suppliers of processing services - Obligation to provide information to the holder of the Community right)

(2004/C 300/23)

Language of the case: German

In Case C-336/02: reference for a preliminary ruling under Article 234 EC from the Landgericht Düsseldorf (Germany), made by decision of 8 August 2002, received at the Court on 23 September 2002, in the proceedings between Saatgut-Treuhandverwaltungsgesellschaft mbH and Brangewitz GmbH — the Court (First Chamber), composed of: P. Jann, President of the Chamber, A. Rosas, R. Silva de Lapuerta, K. Lenaerts and S. von Bahr (Rapporteur), Judges; D. Ruiz-Jarabo Colomer, Advocate General; M. Múgica Arzamendi, Principal Administrator, for the Registrar, has given a judgment on 14 October 2004, in which it has ruled:

| 1. | 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 9 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 cannot be interpreted as allowing the holder of a Community plant variety right to request a supplier of processing services to provide the information specified in those provisions where the holder has no indication that the latter has processed or intends to process the product of the harvest obtained by farmers by planting propagating material of a variety belonging to the holder, 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, for planting. |
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1.

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 9 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 cannot be interpreted as allowing the holder of a Community plant variety right to request a supplier of processing services to provide the information specified in those provisions where the holder has no indication that the latter has processed or intends to process the product of the harvest obtained by farmers by planting propagating material of a variety belonging to the holder, 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, for planting.

| 2. | The sixth indent of Article 14(3) of Regulation No 2100/94 in conjunction with Article 9 of Regulation No 1768/95 must be interpreted as meaning that, where the holder has some indication that the supplier of processing services has processed or intends to process the product of the harvest obtained by farmers by planting propagating material of a variety belonging to the holder, other than a hybrid or synthetic variety, which is covered by a Community plant variety right and belongs to one of the agricultural plant species listed in Article 14(2) of Regulation No 2100/94, for planting, the processor is required to provide him with the relevant information relating not only to the farmers for whom the holder has some indication that the processor has provided or intends to provide such services but also to all other farmers for whom he has processed or intends to process the product of the harvest obtained by planting propagating material of the variety concerned, where that variety has been declared or is otherwise known to him. |
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2.

The sixth indent of Article 14(3) of Regulation No 2100/94 in conjunction with Article 9 of Regulation No 1768/95 must be interpreted as meaning that, where the holder has some indication that the supplier of processing services has processed or intends to process the product of the harvest obtained by farmers by planting propagating material of a variety belonging to the holder, other than a hybrid or synthetic variety, which is covered by a Community plant variety right and belongs to one of the agricultural plant species listed in Article 14(2) of Regulation No 2100/94, for planting, the processor is required to provide him with the relevant information relating not only to the farmers for whom the holder has some indication that the processor has provided or intends to provide such services but also to all other farmers for whom he has processed or intends to process the product of the harvest obtained by planting propagating material of the variety concerned, where that variety has been declared or is otherwise known to him.

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(1)  OJ C 289 of 23.11.2002.

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