# C_2012287EN.01000302.xml

| 22.9.2012 | EN | Official Journal of the European Union | C 287/3 |
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22.9.2012

EN

Official Journal of the European Union

C 287/3

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Judgment of the Court (First Chamber) of 5 July 2012 (reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Josef Geistbeck, Thomas Geistbeck v Saatgut-Treuhandverwaltungs GmbH

(Case C-509/10) (1)

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(Intellectual and industrial property - Community plant variety rights - Regulation (EC) No 2100/94 - ‘Farmer’s privilege’ - Concept of ‘reasonable compensation’ - Compensation for damage suffered - Infringement)

2012/C 287/05

Language of the case: German

Referring court

Referring court

Bundesgerichtshof

Parties to the main proceedings

Parties to the main proceedings

Applicants: Josef Geistbeck, Thomas Geistbeck

Applicants:

Defendant: Saatgut-Treuhandverwaltungs GmbH

Defendant:

Re:

Re:

Reference for a preliminary ruling — Bundesgerichtshof — Interpretation of Article 14(3) and Article 94(1) and (2) 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 5 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 (EC) No 2100/94 (OJ 1995 L 173, p. 14) — Community plant variety rights — Infringement — Obligation to pay the holder of such rights reasonable compensation and to compensate him for damage — Criteria for determining the damage and reasonable compensation

Operative part of the judgment

Operative part of the judgment

| 1. | In order to determine the ‘reasonable compensation’ payable, under Article 94(1) of Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights, by a farmer who has used the propagating material of a protected variety obtained through planting and has not fulfilled his obligations under Article 14(3) of that regulation, read in conjunction with Article 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 (EC) No 2100/94, as amended by Commission Regulation (EC) No 2605/98 of 3 December 1998, it is appropriate to base the calculation on the amount of the fee payable for the licensed production of propagating material of protected varieties of the plant species concerned in the same area. |
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1.

In order to determine the ‘reasonable compensation’ payable, under Article 94(1) of Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights, by a farmer who has used the propagating material of a protected variety obtained through planting and has not fulfilled his obligations under Article 14(3) of that regulation, read in conjunction with Article 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 (EC) No 2100/94, as amended by Commission Regulation (EC) No 2605/98 of 3 December 1998, it is appropriate to base the calculation on the amount of the fee payable for the licensed production of propagating material of protected varieties of the plant species concerned in the same area.

| 2. | The payment of compensation for costs incurred for monitoring compliance with the rights of the plant variety holder cannot enter into the calculation of the ‘reasonable compensation’ provided for under Article 94(1) of Regulation No 2100/94. |
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2.

The payment of compensation for costs incurred for monitoring compliance with the rights of the plant variety holder cannot enter into the calculation of the ‘reasonable compensation’ provided for under Article 94(1) of Regulation No 2100/94.

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(1)  OJ C 30, 29.1.2011.

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