Judgment of the Court (First Chamber) of 14 October 2004 in Case C-336/02 (reference for a preliminary ruling from the Landgericht Düsseldorf): Saatgut-Treuhandverwaltungsgesellschaft mbH v Brangewitz GmbH (Plant varieties — System of protection — Article 14(3) of Regulation (EC) No 2100/94 and Article 9 of Regulation (EC) No 1768/95 — Use by farmers of the product of the harvest — Suppliers of processing services — Obligation to provide information to the holder of the Community right)
Date: 2004-12-04
Institutions: Court of Justice
Subjects: crop production, interpretation of the law, plant propagation, provision of services

C 300/12

EN

Official Journal of the European Union

4.12.2004

1) Declares that, by failing to adopt all the laws, regulations and
administrative provisions necessary
completely
Article 2(a) and (e) of Council Regulation (EEC) No 3508/92 of
27 November 1992 establishing an integrated administration
and control
the
Hellenic Republic has failed to fulfil its obligations under that
regulation.

certain Community aid schemes,

to implement

system for

2) Dismisses the remainder of the action.

3) Orders the Commission of the European Communities and the

Hellenic Republic to bear their own costs.

(1) OJ C 261 of 26.10.2002.

JUDGMENT OF THE COURT

(First Chamber)

of 14 October 2004

munity plant variety right
to request a supplier of processing
services to provide the information specified in those provisions
where the holder has no indication that the latter has processed or
intends to process the product of the harvest obtained by farmers
by planting propagating material of a variety belonging to the
holder, 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, for planting.

2. The sixth indent of Article 14(3) of Regulation No 2100/94 in
conjunction with Article 9 of Regulation No 1768/95 must be
interpreted as meaning that, where the holder has some indication
that the supplier of processing services has processed or intends to
process the product of the harvest obtained by farmers by planting
propagating material of a variety belonging to the holder, other
than a hybrid or synthetic variety, which is covered by a Com-
munity plant variety right and belongs to one of the agricultural
plant species listed in Article 14(2) of Regulation No 2100/94,
for planting, the processor is required to provide him with the rele-
vant information relating not only to the farmers for whom the
holder has some indication that the processor has provided or
intends to provide such services but also to all other farmers for
whom he has processed or intends to process the product of the
harvest obtained by planting propagating material of the variety
concerned, where that variety has been declared or is otherwise
known to him.

in Case C-336/02 (reference for a preliminary ruling from
the Landgericht Düsseldorf): Saatgut-Treuhandverwal-
tungsgesellschaft mbH v Brangewitz GmbH (1)

(1) OJ C 289 of 23.11.2002.

(Plant varieties — System of protection — Article 14(3) of
Regulation (EC) No 2100/94 and Article 9 of Regulation
(EC) No 1768/95 — Use by farmers of the product of the
harvest — Suppliers of processing services — Obligation to
provide information to the holder of the Community right)

(2004/C 300/23)

(Language of the case: German)

(Provisional translation; the definitive translation will be published in
the European Court Reports)

In Case C-336/02: reference for a preliminary ruling under
Article 234 EC from the Landgericht Düsseldorf (Germany),
made by decision of 8 August 2002, received at the Court on
23 September 2002, in the proceedings between Saatgut-Treu-
handverwaltungsgesellschaft mbH and Brangewitz GmbH —
the Court (First Chamber), composed of: P. Jann, President of
the Chamber, A. Rosas, R. Silva de Lapuerta, K. Lenaerts and S.
von Bahr (Rapporteur), Judges; D. Ruiz-Jarabo Colomer, Advo-
cate General; M. Múgica Arzamendi, Principal Administrator,
for the Registrar, has given a judgment on 14 October 2004,
in which it has ruled:

1. The sixth indent of Article 14(3) of Council Regulation (EC) No
2100/94 of 27 July 1994 on Community plant variety rights in
conjunction with Article 9 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 No
2100/94 cannot be interpreted as allowing the holder of a Com-

JUDGMENT OF THE COURT

(First Chamber)

of 14 October 2004

in Case C-340/02: Commission of the European Commu-
nities v French Republic (1)

(Failure of a Member State to fulfil obligations — Directive
92/50/EEC — Procedure for the award of public service
contracts — Assistance to the maître d'ouvrage for a sewage
treatment plant — Award to the successful candidate in an
earlier design contest without prior publication of a contract
notice in the OJEC)

(2004/C 300/24)

(Language of the case: French)

(Provisional translation; the definitive translation will be published in
the European Court Reports)

In Case C-340/02: action under Article 226 EC for failure to
fulfil obligations, brought on 24 September 2002, between