# C_2005082EN.01000701.xml

| 2.4.2005 | EN | Official Journal of the European Union | C 82/7 |
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2.4.2005

EN

Official Journal of the European Union

C 82/7

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References for preliminary rulings from the Bundesgerichtshof by orders of that court of 11 October 2004 in Saatgut-Treuhandverwaltungs GmbH v The heirs of Dieter Deppe: 1.Ulrich Deppe, 2. Hanne-Rose Deppe, 3. Thomas Deppe, 4. Matthias Deppe, 5. Christine Urban, née Deppe (C-7/05), Siegried Hennings (C-8/05) and Hartmut Lübbe (C-9/05)

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(Cases C-7/05, C-8/05, C-9/05)

(2005/C 82/15)

Language of the cases: German

References have been made to the Court of Justice of the European Communities by orders of the Bundesgerichtshof (Federal Court of Justice) (Germany) of 11 October 2004, received at the Court Registry on 14 January 2005, for preliminary rulings in the proceedings between Saatgut-Treuhandverwaltungs GmbH and the heirs of Dieter Deppe: 1.Ulrich Deppe, 2. Hanne-Rose Deppe, 3. Thomas Deppe, 4. Matthias Deppe, 5. Christine Urban, née Deppe (C-7/05), Siegried Hennings (C-8/05) and Hartmut Lübbe (C-9/05) on the following questions:

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| 1. | Is the requirement that the level of remuneration for the planting of harvested material within the meaning of Article 5(2) of Regulation (EC) No 1768/95 (1) be 'sensibly lower' than the amount charged for the licensed production of propagating material of the same variety in the same area satisfied even if the remuneration is calculated at a flat rate of 80 % of that amount? |
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1.

Is the requirement that the level of remuneration for the planting of harvested material within the meaning of Article 5(2) of Regulation (EC) No 1768/95 (1) be 'sensibly lower' than the amount charged for the licensed production of propagating material of the same variety in the same area satisfied even if the remuneration is calculated at a flat rate of 80 % of that amount?

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| 2. | Does Article 5(4) and (5) of Regulation (EC) No 1768/95, as amended by Regulation (EC) No 2605/98 (2), contain a commitment in value terms with respect to the level of remuneration for the planting of harvested material in the event of statutory assessment?
  If so, does that commitment, as the expression of a general idea, also apply to plantings of harvested material occurring before Regulation (EC) No 2605/98 entered into force? |
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2.

Does Article 5(4) and (5) of Regulation (EC) No 1768/95, as amended by Regulation (EC) No 2605/98 (2), contain a commitment in value terms with respect to the level of remuneration for the planting of harvested material in the event of statutory assessment?

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If so, does that commitment, as the expression of a general idea, also apply to plantings of harvested material occurring before Regulation (EC) No 2605/98 entered into force?

| 3. | Does the guideline function of an agreement between organisations of holders of plant variety rights and farmers within the meaning of Article 5(4) of Regulation (EC) No 1768/95, as amended by Regulation (EC) No 2605/98, include the possibility, in the event of statutory assessment, of the essential elements (calculation parameters) of that agreement being applied even if, at the time of the calculation of the statutory remuneration, not all of the parameters lying within the sphere of the planter of the harvested material and required for calculation based on the agreement are known to the holder and he is not entitled to be notified of the relevant facts by the farmer?
  If so, does such an agreement, if it is to perform a guiding function along these lines, presuppose, for its effectiveness, compliance with the requirements laid down in Article 5(4) of Regulation (EC) No 1768/95, as amended by Regulation (EC) No 2605/98, even if it was concluded before the latter regulation entered into force? |
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3.

Does the guideline function of an agreement between organisations of holders of plant variety rights and farmers within the meaning of Article 5(4) of Regulation (EC) No 1768/95, as amended by Regulation (EC) No 2605/98, include the possibility, in the event of statutory assessment, of the essential elements (calculation parameters) of that agreement being applied even if, at the time of the calculation of the statutory remuneration, not all of the parameters lying within the sphere of the planter of the harvested material and required for calculation based on the agreement are known to the holder and he is not entitled to be notified of the relevant facts by the farmer?

If so, does such an agreement, if it is to perform a guiding function along these lines, presuppose, for its effectiveness, compliance with the requirements laid down in Article 5(4) of Regulation (EC) No 1768/95, as amended by Regulation (EC) No 2605/98, even if it was concluded before the latter regulation entered into force?

| 4. | Does Article 5(5) of Regulation (EC) No 1768/95, as amended by Regulation (EC) No 2605/98, set an upper limit on the remuneration under contractual and/or statutory remuneration arrangements? |
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4.

Does Article 5(5) of Regulation (EC) No 1768/95, as amended by Regulation (EC) No 2605/98, set an upper limit on the remuneration under contractual and/or statutory remuneration arrangements?

| 5. | Can an agreement between professional organisations be used as a guideline within the meaning of Article 5(4) of Regulation (EC) No 1768/95, as amended by Regulation (EC) No 2605/98, if it exceeds the rate of remuneration of 50 % of the amount defined in Article 5(5) of that regulation? |
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5.

Can an agreement between professional organisations be used as a guideline within the meaning of Article 5(4) of Regulation (EC) No 1768/95, as amended by Regulation (EC) No 2605/98, if it exceeds the rate of remuneration of 50 % of the amount defined in Article 5(5) of that regulation?

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(1)  OJ 1995 L 173, p. 14.

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(2)  OJ 1998 L 328, p. 6.

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