Opinion of the Advocate General — ECLI:EU:C:2002:644
Date: 2002-11-07
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Intellectual, industrial and commercial property;Plant varieties
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 1. Agriculture – Uniform laws – Protection of plant variety rights –Article 3(2) of Regulation No 1768/95 – Meaning of organisation of holders – Limited liability company – Whether covered (Council Regulation No 2100/94, Art. 14; Commission Regulation No 1768/95, Art. 3(2)) 2. Agriculture – Uniform laws – Protection of plant variety rights – Article 14(3) of Regulation No 2100/94 and Article 8 of Regulation No 1768/95 – Holder not able to request the information specified in the provisions in question from a farmer where there is no indication of use by the latter, for propagating purposes, of the product of the harvest obtained from seeds of a protected variety (Council Regulation No 2100/94, Art. 14(2) and (3); Commission Regulation No 1768/95, Art. 8) 1. Article 3(2) of Regulation No 1768/95 implementing rules on the agricultural exemption provided for in Article 14(3) of Regulation No 2100/94 on Community plant variety rights is intended to allow holders of Community plant variety rights to organise themselves appropriately in order to enforce the rights which they derive from Article 14 of Regulation No 2100/94, leaving the choice of which legal form the organisation is to take to those holders; the organisation may thus take the form of a limited company. 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. (see paras 51, 58, operative part 1) 2. The provisions of the sixth indent of Article 14(3) of Regulation No 2100/94 on Community plant variety rights in conjunction with Article 8 of Regulation No 1768/95 implementing rules on the agricultural exemption provided for in Article 14(3) of Regulation No 2100/94 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. (see para. 62, operative part 2)