Opinion of the Advocate General — ECLI:EU:C:2021:327
Date: 2021-04-22
Language of the case: Spanish
Subject matter: Agriculture and Fisheries;Intellectual, industrial and commercial property
Procedure: Reference for a preliminary ruling
Origin: Spain

Request for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 9 March 2018 — José Cánovas Pardo, S.L. v Club de Variedades Vegetales Protegidas (Case C-186/18) Language of the case: Spanish Referring court Tribunal Supremo Parties to the main proceedings Appellant: José Cánovas Pardo, S.L. Respondent: Club de Variedades Vegetales Protegidas Questions referred Is an interpretation according to which, provided that the period of three years has elapsed, since the holder, once Community protection of the plant variety right was granted, became aware of the infringing act and the identity of the infringer, the actions provided for under Articles 94 and 95 of the Regulation would be time-barred, although the infringing acts were continuing until the time the action was brought, contrary to Article 96 of Regulation (EC) No 2100/94? 1 If the first question is answered in the negative, is it to be considered that, in accordance with Article 96 of Regulation (EC) No 2100/94, the limitation period operates only in respect of infringing acts committed outside the three-year period, but not in respect of those taking place within the last three years? If the answer to the second question is in the affirmative, in such a situation could the action for an injunction and also for damages succeed only in relation to those latter acts taking place within the last three years? ____________ 1 Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (OJ 1994 L 227, p. 1).