Source: EURLEX
Language: en
Format: md

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| 11.2.2006 | EN | Official Journal of the European Union | C 36/22 |

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Reference for a preliminary ruling from the Supremo Tribunal de Justiça by order of that court of 3 November 2005 in Merck Genéricos-Produtos Farmacêuticos, L.da v Merck & Co. Inc and Merck Sharp & Dohme, L.da

(Case C-431/05)

(2006/C 36/46)

Language of the case: Portuguese

Reference has been made to the Court of Justice of the European Communities by order of the Supremo Tribunal de Justiça of 3 November 2005, received at the Court Registry on 5 December 2005, for a preliminary ruling in the proceedings between Merck Genéricos-Produtos Farmacêuticos, L.da and Merck & Co. Inc and Merck Sharp & Dohme, L.da on the following questions:

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| 1. | Does the Court of Justice of the European Communities have jurisdiction to interpret Article 33 of the TRIPs Agreement[(1)](#ntr1-C_2006036EN.01002203-E0001)? |

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| 2. | In the event of an affirmative answer to the first question, must national courts apply that article, on their own initiative or at the request of a party, in proceedings pending before them? |

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