CELEX: 62012CN0210
Language: en
Date: 2012-05-03 00:00:00
Title: Case C-210/12: Reference for a preliminary ruling from the Bundespatentgericht (Germany), lodged on 3 May 2012 — Sumitomo Chemical Co. Ltd

14.7.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 209/4
            
         Reference for a preliminary ruling from the Bundespatentgericht (Germany), lodged on 3 May 2012 — Sumitomo Chemical Co. Ltd
   (Case C-210/12)
   2012/C 209/06
   Language of the case: German
   
      Referring court
   
   Bundespatentgericht
   
      Party to the main proceedings
   
   
      Appellant: Sumitomo Chemical Co. Ltd
   
      Questions referred
   
   
               1.
            
            
               Is Article 3(1)(b) of Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products (1) to be interpreted as not precluding the grant of a supplementary protection certificate for a plant protection product if a valid marketing authorisation was granted in accordance with Article 8(4) of Directive 91/414/EEC?
            
         
               2.
            
            
               If Question 1 is answered in the affirmative:
               Is it necessary under Article 3(1)(b) of Regulation (EC) No 1610/96 for the marketing authorisation to be still in force at the time of application for the certificate?
            
         
               3.
            
            
               If the answer to Question 1 is in the negative:
               Is Article 7(1) of Regulation (EC) No 1610/96 to be interpreted as meaning that an application can be lodged even before the period mentioned in that provision starts to run?
            
         
      (1)  OJ 1996 L 198, p. 30.