Case C-202/05: Order of the Court (Eighth Chamber) of 17 April 2007 (reference for a preliminary ruling from the High Court of Justice of England and Wales, Chancery Division — United Kingdom) — Yissum Research and Development Company of the Hebrew University of Jerusalem v Comptroller-General of Patents (First subparagraph of Article 104(3) of the Rules of Procedure — Patent law — Medicinal products — Regulation (EEC) No 1768/92 — Supplementary protection certificate for medicinal products — Concept of product — Concept of combination of active ingredients )
Date: 2007-04-28
Institutions: Court of Justice
Subjects: intellectual property, interpretation of the law, medicinal product, patent, pharmaceutical legislation

28.4.2007

EN

Official Journal of the European Union

C 96/19

Judgment of the Court (Seventh Chamber) of 29 March
the European Communities v
2007 — Commission of

French Republic

(Case C-388/06) (1)

(Failure of a Member State to fulfil obligations — Directive
2003/96/EC — Restructuring of the Community framework
for the taxation of energy products and electricity — Failure
to implement within the period prescribed)

(2007/C 96/32)

Language of the case: French

Order of the Court (Eighth Chamber) of 17 April 2007
(reference for a preliminary ruling from the High Court of
Justice of England and Wales, Chancery Division — United
Kingdom) — Yissum Research and Development Company
Jerusalem v
University
of
Comptroller-General of Patents

Hebrew

the

of

(Case C-202/05) (1)

subparagraph of Article 104(3) of

the Rules of
(First
Procedure — Patent law — Medicinal products — Regulation
(EEC) No 1768/92 — Supplementary protection certificate for
medicinal products — Concept of ‘product’ — Concept of
‘combination of active ingredients’)

(2007/C 96/33)

Language of the case: English

Parties

Referring court

High Court of Justice of England and Wales (Chancery Division)

Applicant: Commission of the European Communities (repre-
sented by: W. Mölls, acting as Agent)

Parties

Defendant: French Republic (represented by: G. de Bergues and
J.C. Gracia, Agents)

Applicant: Yissum Research and Development Company of the
Hebrew University of Jerusalem

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, the measures necessary to
comply with Council Directive 2003/96/EC of 27 October
2003 restructuring the Community framework for the taxation
of energy products and electricity (OJ 2003 L 283, p. 51)

Operative part of the judgment

The Court:

1. Declares that, by failing, within the period prescribed, to adopt the
laws, regulations and administrative provisions necessary to comply
with Council Directive 2003/96/EC of 27 October 2003 restruc-
turing the Community framework for
the taxation of energy
products and electricity, the French Republic has failed to fulfil its
obligations under that directive;

2. Orders the French Republic to pay the costs.

Defendant: Comptroller-General of Patents

Re:

Reference for a preliminary ruling — High Court of Justice of
England and Wales,
(Chancery Division) — Interpretation of
Article 1(b) of Council Regulation (EEC) No 1768/92 of 18 June
1992 concerning the creation of a supplementary protection
certificate for medicinal products (OJ 1992 L 182, p. 1) —
Concept of ‘product’ — Concept of ‘combination of active ingre-
dients of a medicinal product’ — Medicinal product composed
of two components, one having a recognised therapeutic effect
for a specific indication and the other enabling the product to
be presented in a form that ensures its efficacy

Operative part of the order

Article 1(b) of Council Regulation (EEC) No 1768/92 of 18 June
1992 concerning the creation of a supplementary protection certificate
for medicinal products, in the version resulting from the Act concerning
the conditions of accession of the Republic of Austria, the Republic of
Finland and the Kingdom of Sweden and the adjustments to the Trea-
ties on which the European Union is founded, is to be interpreted as
meaning that in a case where a basic patent protects a second medical
use of an active ingredient, that use does not form an integral part of
the definition of the product.

(1) OJ C 261, 28.10.2006.

(1) OJ C 193, 6.8.2005.