Judgment of the Court (Second Chamber) of 21 April 2005 in Joined Cases C-207/03 and C-252/03: References for preliminary rulings from the High Court of Justice of England and Wales, Chancery Division (Patents Court) (United Kingdom, C-207/03), and from the Cour administrative (Luxembourg, C-252/03) Novartis AG and Others v Comptroller-General of Patents, Designs and Trade Marks for the United Kingdom, and Ministre de l'Économie v Millennium Pharmaceuticals Inc. (Patent law — Medicinal products — Supplementary protection certificate for medicinal products)
Date: 2005-06-11
Institutions: Court of Justice
Subjects: Liechtenstein, Switzerland, interpretation of the law, market approval, marketing, medicinal product

11.6.2005

EN

Official Journal of the European Union

C 143/9

the Hellenic Republic has failed to fulfil its obligations under Arti-
cles 3, 4 and 5 of Directive 80/68.

2. Declares that, having failed to take the measures necessary to
record and identify the hazardous waste tipped in the region of
Thriassion Pedion and to draw up, either separately or in the
framework of their general waste management plans, plans for the
management of hazardous waste in the region of Thriassion
Pedion, the Hellenic Republic has failed to fulfil its obligations
under Article 2(1) and Article 6(1) of Council Directive
91/689/EEC of 12 December 1991 on hazardous waste.

3. Orders the Hellenic Republic to pay the costs.

(1) OJ C 135 of 07.06.2003

JUDGMENT OF THE COURT

(Second Chamber)

of 21 April 2005

in Joined Cases C-207/03 and C-252/03: References for
preliminary rulings from the High Court of Justice of
England and Wales, Chancery Division (Patents Court)
(United Kingdom, C-207/03), and from the Cour adminis-
trative (Luxembourg, C-252/03) Novartis AG and Others v
Comptroller-General of Patents, Designs and Trade Marks
for the United Kingdom, and Ministre de l'Économie v
Millennium Pharmaceuticals Inc. (1)

(Patent law — Medicinal products — Supplementary protec-
tion certificate for medicinal products)

(2005/C 143/09)

(Languages of the case: English and French)

In Joined Cases C-207/03 and C-252/03: References for preli-
minary rulings under Article 234 EC from the High Court of
Justice of England and Wales, Chancery Division (Patents
Court) (United Kingdom, C-207/03), and from the Cour admin-
istrative (Luxembourg, C-252/03), made by decisions of 6 May
and 3 June 2003, received at the Court on 14 May and 13 June
in the proceedings between Novartis AG (C-207/03),
2003,
University College London, Institute of Microbiology and Epide-
miology and Comptroller-General of Patents, Designs and
Trade Marks for the United Kingdom and between Ministre de

l'Économie (C-252/03) and Millennium Pharmaceuticals Inc.,
formerly Cor Therapeutics Inc. — the Court (Second Chamber),
composed of C.W.A. Timmermans, President of the Chamber,
J.-P. Puissochet, R. Schintgen and
C. Gulmann (Rapporteur),
J.N. Cunha Rodrigues, Judges; D. Ruiz-Jarabo Colomer, Advo-
cate General, M. Múgica Arzamendi, Administrator,
for the
Registrar, gave a judgment on 21 April 2005, the operative
part of which is as follows:

In so far as an authorisation to place a medicinal product on the
market issued by the Swiss authorities and automatically recognised
by the Principality of Liechtenstein under that State's legislation is the
first authorisation to place that product on the market in one of the
States of the European Economic Area, it constitutes the first authori-
sation to place the product on the market within the meaning of
Article 13 of Council Regulation (EEC) No 1768/92 of 18 June
1992 concerning the creation of a supplementary protection certificate
for medicinal products, as it is to be read for the purposes of the
application of the Agreement on the European Economic Area.

(1) OJ C 158 of 05.07.2003, OJ C 200 of 23.08.2003.

JUDGMENT OF THE COURT

(Second Chamber)

of 21 April 2005

in Case C-267/03 Reference for a preliminary ruling from
the Högsta domstolen Lars Erik Staffan Lindberg (1)

(Directive 83/189/EEC — Notification procedure in the field
of technical standards and regulations — Obligation to
notify draft technical regulations — National legislation on
gaming and lotteries — Gaming machines — Prohibition on
the organisation of games on gaming machines which do not
pay out winnings directly — Machines of the ‘wheel of
fortune’ type — Definition of 'technical regulation')

(2005/C 143/10)

(Language of the case: Swedish)

In Case C-267/03: reference for a preliminary ruling under
Article 234 EC from the Högsta domstolen (Sweden), made by
decision of 10 April 2003, received at the Court on 18 June
2003,
in the criminal proceedings against Lars Erik Staffan
Lindberg — the Court: (Second Chamber) composed of C.W.A.