Source: EURLEX
Language: en
Format: md

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| 4.5.2015 | EN | Official Journal of the European Union | C 146/4 |

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Judgment of the Court (Eighth Chamber) of 12 March 2015 (request for a preliminary ruling from the High Court of Justice (Chancery Division) — United Kingdom) — Actavis Group PTC EHF, Actavis UK Ltd v Boehringer Ingelheim Pharma GmbH & Co. KG

(Case C-577/13)[(1)](#ntr1-C_2015146EN.01000401-E0001)

((Reference for a preliminary ruling - Medicinal products for human use - Regulation (EC) No 469/2009 - Article 3 - Supplementary protection certificate - Conditions for obtaining such a certificate - Medicinal products containing in whole or in part the same active ingredient - Medicinal products placed on the market in succession - Combination of active ingredients - Active ingredient previously marketed in the form of a medicinal product with a single active ingredient - Conditions for obtaining several certificates on the basis of the same patent - Modification of the active ingredients of a basic patent))

(2015/C 146/04)

Language of the case: English

Referring court

High Court of Justice (Chancery Division)

Parties to the main proceedings

Applicants: Actavis Group PTC EHF, Actavis UK Ltd

Defendant: Boehringer Ingelheim Pharma GmbH & Co. KG

Operative part of the judgment

Article 3(a) and (c) of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 16 May 2009 concerning the supplementary protection certificate for medicinal products must be interpreted as meaning that, where a basic patent includes a claim to a product comprising an active ingredient which constitutes the sole subject-matter of the invention, for which the holder of that patent has already obtained a supplementary protection certificate, as well as a subsequent claim to a product comprising a combination of that active ingredient and another substance, that provision precludes the holder from obtaining a second supplementary protection certificate for that combination.

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