Case C-431/05: Judgment of the Court (Grand Chamber) of 11 September 2007 (reference for a preliminary ruling from the Supremo Tribunal de Justiça — Portugal) — Merck Genericos-Produtos Farmacêuticos L. da v Merck & Co. Inc., Merck Sharp & Dohme, L. da (Agreement establishing the World Trade Organisation — Article 33 of the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPs) — Patents — Minimum term of protection — Legislation of a Member State providing for a lesser term — Article 234 EC — Jurisdiction of the Court — Direct effect)
Date: 2007-11-10
Institutions: Court of Justice
Subjects: TRIPS, application of the law, intellectual property, interpretation of the law

10.11.2007

EN

Official Journal of the European Union

C 269/9

Operative part of the judgment

Re:

The Court:

1. Declares that, by failing to take appropriate steps to avoid, in the
special protection area ‘Valloni e steppe pedegarganiche’, the dete-
rioration of natural habitats and the habitats of species as well as
disturbance of the species for which that area was established, the
Italian Republic failed, in respect of the period before 28 December
1998, to fulfil its obligations under Article 4(4) of Council Direc-
tive 79/409/EEC of 2 April 1979 on the conservation of wild
birds and, in respect of the period after that date, has failed to fulfil
its obligations under Article 6(2) of Council Directive 92/43/EEC
of 21 May 1992 on the conservation of natural habitats and of
wild fauna and flora;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 22, 28.1.2006.

Reference for a preliminary ruling — Supremo Tribunal de
Justiça — Interpretation of Article 33 of the Agreement on
Trade-Related Aspects of
Intellectual Property Rights (TRIPS)
annexed to the Agreement establishing the World Trade Organi-
sation (OJ 1994 L 336, p. 214) — Jurisdiction in relation to
interpretation — Direct effect

Operative part of the judgment

Intellectual Property Rights,

As Community legislation in the sphere of patents now stands, it is
not contrary to Community law for Article 33 of the Agreement on
Trade-Related Aspects of
constituting
Annex 1C to the Agreement establishing the World Trade Organisa-
tion, signed at Marrakesh on 15 April 1994 and approved by
Council Decision 94/800/EC concerning the conclusion on behalf of
the European Community, as regards matters within its competence, of
the agreements reached in the Uruguay Round multilateral negotia-
tions (1986-1994), to be directly applied by a national court subject
to the conditions provided for by national law.

(1) OJ C 36, 11.2.2006.

Judgment of the Court (Grand Chamber) of 11 September
2007 (reference
a preliminary ruling from the
Supremo Tribunal de Justiça — Portugal) — Merck
Genericos-Produtos Farmacêuticos L.da v Merck & Co. Inc.,
Merck Sharp & Dohme, L.da

for

(Case C-431/05) (1)

(Agreement establishing the World Trade Organisation —
Article 33 of the Agreement on Trade-related Aspects of
Intellectual Property Rights (TRIPs) — Patents — Minimum
term of protection — Legislation of a Member State providing
for a lesser term — Article 234 EC — Jurisdiction of the
Court — Direct effect)

(2007/C 269/17)

Judgment of the Court (Third Chamber) of 13 September
2007 — Land Oberösterreich and Republic of Austria v
Commission of the European Communities

(Joined Cases C-439/05 P and C-454/05 P) (1)

(Appeal — Directive 2001/18/EC — Decision 2003/653/EC
— Deliberate release into the environment of genetically modi-
fied organisms — Article 95(5) EC — National provisions
derogating from a harmonisation measure justified by new
scientific evidence and by a problem specific to one Member
State — Principle of the right to be heard)

Language of the case: Portugese

(2007/C 269/18)

Language of the case: German

Referring court

Supremo Tribunal de Justiça

Parties to the main proceedings

Parties

Land Oberösterreich

G.
Appellants:
Hörmanseder, Agent, and by F. Mittendorfer, Rechtsanwalt),
Republic of Austria (represented by H. Dossi and A. Hable,
Agents)

(represented

by

Applicant: Merck Genéricos-Produtos Farmacêuticos L.da

Defendant: Merck & Co. Inc., Merck Sharp & Dohme, L.da

Other party to the proceedings: Commission of
Communities
Agents)

the European
(represented by: U. Wölker and M. Patakia,