do-me/EUR-LEX huggingface dataset:
Case C-509/10: Judgment of the Court (First Chamber) of 5 July 2012 (reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Josef Geistbeck, Thomas Geistbeck v Saatgut-Treuhandverwaltungs GmbH (Intellectual and industrial property — Community plant variety rights — Regulation (EC) No 2100/94 — ‘Farmer’s privilege’ — Concept of ‘reasonable compensation’ — Compensation for damage suffered — Infringement)
Date: 2012-07-05
Institutions: Court of Justice
Subjects: crop production, indemnification, intellectual property, interpretation of the law, protection of plant life








C_2012287EN.01000302.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/3





Judgment of the Court (First Chamber) of 5 July 2012 (reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Josef Geistbeck, Thomas Geistbeck v Saatgut-Treuhandverwaltungs GmbH
(Case C-509/10) (1)

(Intellectual and industrial property - Community plant variety rights - Regulation (EC) No 2100/94 - ‘Farmer’s privilege’ - Concept of ‘reasonable compensation’ - Compensation for damage suffered - Infringement)
2012/C 287/05
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicants: Josef Geistbeck, Thomas Geistbeck

Defendant: Saatgut-Treuhandverwaltungs GmbH

Re:

Reference for a preliminary ruling — Bundesgerichtshof — Interpretation of Article 14(3) and Article 94(1) and (2) of Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (OJ 1994 L 227, p. 1) and of Articles 5 and 8 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 (EC) No 2100/94 (OJ 1995 L 173, p. 14) — Community plant variety rights — Infringement — Obligation to pay the holder of such rights reasonable compensation and to compensate him for damage — Criteria for determining the damage and reasonable compensation

Operative part of the judgment







1.


In order to determine the ‘reasonable compensation’ payable, under Article 94(1) of Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights, by a farmer who has used the propagating material of a protected variety obtained through planting and has not fulfilled his obligations under Article 14(3) of that regulation, read in conjunction with Article 8 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 (EC) No 2100/94, as amended by Commission Regulation (EC) No 2605/98 of 3 December 1998, it is appropriate to base the calculation on the amount of the fee payable for the licensed production of propagating material of protected varieties of the plant species concerned in the same area.










2.


The payment of compensation for costs incurred for monitoring compliance with the rights of the plant variety holder cannot enter into the calculation of the ‘reasonable compensation’ provided for under Article 94(1) of Regulation No 2100/94.






(1)  OJ C 30, 29.1.2011.
Temporary judges of the European Union civil service tribunal ***I European Parliament legislative resolution of 5 July 2012 on the draft regulation of the European Parliament and of the Council relating to temporary judges of the European Union Civil Service Tribunal (01923/2011 – C7-0091/2011 – 2011/0902(COD))#P7_TC1-COD(2011)0902 Position of the European Parliament adopted at first reading on 5 July 2012 with a view to the adoption of Regulation (EU, Euratom) No …/2012 of the European Parliament and of the Council relating to temporary Judges of the European Union Civil Service Tribunal
Date: 2012-07-05
Institutions: Committee on Legal Affairs, European Parliament
Subjects: Civil Service Tribunal, appointment of members, judge, temporary employment








CE2013349EN.01055602.xml










29.11.2013   


EN


Official Journal of the European Union


CE 349/556





Thursday 5 July 2012Temporary judges of the European Union civil service tribunal ***I
P7_TA(2012)0295
European Parliament legislative resolution of 5 July 2012 on the draft regulation of the European Parliament and of the Council relating to temporary judges of the European Union Civil Service Tribunal (01923/2011 – C7-0091/2011 – 2011/0902(COD))
2013/C 349 E/35
(Ordinary legislative procedure: first reading)

The European Parliament,






—


having regard to the request by the Court of Justice submitted to Parliament and the Council (01923/2011),










—


having regard to Articles 257 and 281 of the Treaty on the Functioning of the European Union, pursuant to which the draft act was submitted to Parliament (C7-0091/2011),










—


having regard to Article 294(3) and (15) of the Treaty on the Functioning of the European Union,










—


having regard to the opinion of the Commission (COM(2011)0596),










—


having regard to the undertaking given by the Council representative by letter of 31 May 2012 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,










—


having regard to Rule 55 of its Rules of Procedure,










—


having regard to the report of the Committee on Legal Affairs (A7-0184/2012),










1.


Adopts its position at first reading hereinafter set out;










2.


Instructs its President to forward its position to the Council, the Court of Justice, the Commission and the national parliaments.






Thursday 5 July 2012P7_TC1-COD(2011)0902
Position of the European Parliament adopted at first reading on 5 July 2012 with a view to the adoption of Regulation (EU, Euratom) No …/2012 of the European Parliament and of the Council relating to temporary Judges of the European Union Civil Service Tribunal

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU, Euratom) No 979/2012.)