Opinion of the Advocate General — ECLI:EU:C:2015:154
Date: 2015-03-05
Language of the case: German
Subject matter: Agriculture and Fisheries;Intellectual, industrial and commercial property
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary — Judgment of the Court (Second Chamber), 25 June 2015 Agriculture — Uniform legislation — Plant variety rights — Derogation from Community protection — Use of the product of the harvest for propagating purposes without the holder’s authorisation — Obligation to pay equitable remuneration — Time-limit — Consequences of failure to comply with the obligation (Council Regulation No 2100/94, Arts 13(2), 14(1) and (3) and 94)) In order to be able to benefit from the derogation provided for in Article 14 of Regulation No 2100/94 on Community plant variety rights from the obligation to obtain the authorisation of the holder of the plant variety right concerned, a farmer who has planted propagating material obtained from a protected plant variety (farm-saved seed) without having concluded a contract for so doing with the holder is required to pay the equitable remuneration due under the fourth indent of Article 14(3) of that regulation within the period that expires at the end of the marketing year during which that planting took place, that is, no later than 30 June following the date of reseeding. If he has failed to pay such equitable remuneration by way of derogation within that period, such a farmer must be regarded as having effected, without being entitled to do so, one of the acts set out in Article 13(2) of Regulation No 2100/94, which entitles the holder to bring the forms of action provided for in Article 94 of that regulation. (see paras 31, 32, operative part)