CELEX: C1999/366/05
Language: en
Date: 1999-12-18 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 16 September 1999 in Case C-392/97 (reference for a preliminary ruling from the Bundesgerichtshof): Appeal procedure concerning the creation of a supplementary protection certificate for medicinal products introduced by Farmitalia Carlo Erba Srl (Proprietary medicinal products - Supplementary protection certificate)

18.12.1999              EN                      Official Journal of the European Communities                                              C 366/3
                 JUDGMENT OF THE COURT                                          Republic of Côte d’Ivoire (C-201/98 and C-202/98) in such a
                                                                                way as to provide for fair, free and non-discriminatory access by
                                                                                Community nationals to the cargo shares due to Belgium and
                          (First Chamber)                                       Luxembourg or to denounce those agreements, the Kingdom of
                                                                                Belgium (C-171/98 and C-201/98) and the Grand Duchy of
                                                                                Luxembourg (C-202/98) have failed to fulfil their obligations
                      of 14 September 1999                                      under Council Regulation (EEC) No 4055/86 of 22 December
                                                                                1986 applying the principle of freedom to provide services to
                                                                                maritime transport between Member States and between Member
in Joined Cases C-171/98, C-201/98 and C-202/98: Com-                           States and third countries, in particular Articles 3 and 4(1)
mission of the European Communities v Kingdom of                                thereof with respect to the Republic of Senegal and the Republic
        Belgium and Grand Duchy of Luxembourg(1)                                of Côte d’Ivoire and Article 5 thereof with respect to the Republic
                                                                                of Mali and the Togolese Republic;
(Failure to fulfil obligations — Regulation (EEC)                          2. In Cases C-171/98 and C-201/98, orders the Kingdom of
No 4055/86 — Freedom to provide services — Maritime                             Belgium to pay the costs and, in Case C-202/98, orders the
                              transport)                                        Grand Duchy of Luxembourg to pay the costs.
                          (1999/C 366/04)                                  (1) OJ No C 258 of 15.8.1998.
                    (Language of the case: French)
(Provisional translation; the definitive translation will be published                       JUDGMENT OF THE COURT
                   in the European Court Reports)
                                                                                                       (Fifth Chamber)
In Joined Cases C-171/98, C-201/98 and C-202/98: Com-
                                                                                                  of 16 September 1999
mission of the European Communities (Agents: Frank Benyon
and Bernard Mongin) v Kingdom of Belgium (C-171/98
and C-201/98) (Agent: Jan Devadder) and Grand Duchy of                     in Case C-392/97 (reference for a preliminary ruling from
Luxembourg (C-202/98) (Agent: Nicolas Schmit) — appli-                     the Bundesgerichtshof): Appeal procedure concerning the
cations for declarations that, by concluding and maintaining               creation of a supplementary protection certificate for
in force the agreements containing cargo-sharing arrangements              medicinal products introduced by Farmitalia Carlo Erba
with the Togolese Republic (C-171/98 and C-202/98) and the                                                   Srl(1)
Republic of Mali (C-201/98 and C-202/98) and by failing
either to adjust the agreements with the Republic of Senegal               (Proprietary medicinal products — Supplementary protec-
and the Republic of Côte d’Ivoire (C-201/98 and C-202/98) in                                            tion certificate)
such a way as to provide for fair, free and non-discriminatory
access by Community nationals to the cargo shares due to                                               (1999/C 366/05)
Belgium and Luxembourg or to denounce those agreements,
the Kingdom of Belgium (C-171/98 and C-201/98) and the
Grand Duchy of Luxembourg (C-202/98) have failed to fulfil                                     (Language of the case: German)
their obligations under Council Regulation (EEC) No 4055/86
of 22 December 1986 applying the principle of freedom to
provide services to maritime transport between Member States               (Provisional translation; the definitive translation will be published
and between Member States and third countries (OJ 1986                                          in the European Court Reports)
L 378, p. 1), in particular Articles 3 and 4(1) thereof with
respect to the Republic of Senegal and the Republic of Côte                In Case C-392/97: reference to the Court under Article 177 of
d’Ivoire and Article 5 thereof with respect to the Republic of             the EC Treaty (now Article 234 EC) from the Bundesgerichts-
Mali and the Togolese Republic — the Court (First Chamber),                hof, Germany, for a preliminary ruling in the appeal proceed-
composed of: P. Jann, President of the Chamber, D.A.O. Ed-                 ings brought before that court by Farmitalia Carlo Erba Srl —
ward (Rapporteur) and L. Sevón, Judges; A. La Pergola, Advo-              on the interpretation of Article 3(a) and (b) of Council
cate General; R. Grass, Registrar, has given a judgment on                 Regulation (EEC) No 1768/92 of 18 June 1992 concerning the
14 September 1999, in which it:                                            creation of a supplementary protection certificate for medicinal
                                                                           products (OJ 1992 L 182, p. 1) — the Court (Fifth Chamber),
1. Declares that, by concluding and maintaining in force the               composed of: J.-P. Puissochet, President of the Chamber,
     agreements containing cargo-sharing arrangements with the             P. Jann, C. Gulmann (Rapporteur), D.A.O. Edward and
     Togolese Republic (C-171/98 and C-202/98) and the Republic            L. Sevón, Judges; N. Fennelly, Advocate General; L. Hewlett,
     of Mali (C-201/98 and C-202/98) and by failing either to              Administrator, for the Registrar, has given a judgment on
     adjust the agreements with the Republic of Senegal and the            16 September 1999, in which it has ruled:
 ---pagebreak--- C 366/4                   EN                     Official Journal of the European Communities                                         18.12.1999
1. On a proper construction of Council Regulation (EEC)                     1. Declares that, by exempting from value added tax intra-
     No 1768/92 of 18 June 1992 concerning the creation of a                     Community imports and acquisitions of arms, ammunition and
     supplementary protection certificate for medicinal products and,            equipment exclusively for military use, other than the aircraft and
     in particular, Article 3(b) thereof, where a product in the form            warships mentioned in points 23 and 25 of Annex F to Sixth
     referred to in the marketing authorisation is protected by a basic          Council Directive 77/388/EEC of 17 May 1977 on the
     patent in force, the supplementary protection certificate is capable        harmonisation of the laws of the Member States relating to
     of covering the product, as a medicinal product, in any of the              turnover taxes — Common system of value added tax: uniform
     forms enjoying the protection of the basic patent.                          basis of assessment, in the version resulting from Council
                                                                                 Directive 91/680/EEC of 16 December 1991 supplementing
2. In order to determine, in connection with the application of                  the common system of value added tax and amending Directive
     Regulation No 1768/92 and, in particular, Article 3(a) thereof,             77/388/EEC with a view to the abolition of fiscal frontiers,
     whether a product is protected by a basic patent, reference must            notwithstanding the provisions of Articles 2(2), 14, 28a, and
     be made to the rules which govern that patent.                              28c(B) of that directive, the Kingdom of Spain has failed to fulfil
                                                                                 its obligations under that directive;
(1) OJ No C 41 of 7.2.1998.                                                 2. Orders the Kingdom of Spain to pay the costs.
                                                                            (1) OJ No C 41 of 7.2.1998.
                   JUDGMENT OF THE COURT
                           (Sixth Chamber)                                                    JUDGMENT OF THE COURT
                        of 16 September 1999                                                          (Sixth Chamber)
in Case C-414/97: Commission of the European Communi-                                             of 16 September 1999
                     ties v Kingdom of Spain (1)
                                                                            in Case C-435/97 (reference for a preliminary ruling
(Failure of a Member State to fulfil obligations — Imports                  from the Verwaltungsgericht, Autonome Sektion für die
and acquisitions of armaments — Sixth VAT Directive —                       Provinz Bozen): World Wildlife Fund (WWF) and Others
          National legislation not complying therewith)                               v Autonome Provinz Bozen and Others (1)
                            (1999/C 366/06)                                 (Environment — Directive 85/337/EEC — Assessment of
                                                                                    the effects of certain public and private projects)
                     (Language of the case: Spanish)                                                   (1999/C 366/07)
(Provisional translation; the definitive translation will be published                          (Language of the case: German)
                     in the European Court Reports)
In Case C-414/97: Commission of the European Communities                    (Provisional translation; the definitive translation will be published
(Agents: Miguel Dı́az-Llanos La Roche and Carlos Gómez de la                                   in the European Court Reports)
Cruz) v Kingdom of Spain (Agent: Nuria Diaz Abad) —
application for a declaration that, by exempting from value                 In Case C-435/97: reference to the Court under Article 177 of
added tax intra-Community imports and acquisitions of arms,                 the EC Treaty (now Article 234 EC) from the Verwaltungs-
ammunition and equipment exclusively for military use, other                gericht, Autonome Sektion für die Provinz Bozen (Administrat-
than the aircraft and warships mentioned in points 23 and 25                ive Court, Autonomous Division for the Province of Bolzano),
of Annex F to Sixth Council Directive 77/388/EEC of 17 May                  Italy, for a preliminary ruling in the proceedings pending
1977 on the harmonisation of the laws of the Member States                  before that court between World Wildlife Fund (WWF) and
relating to turnover taxes — Common system of value added                   Others and Autonome Provinz Bozen and Others — on the
tax: uniform basis of assessment (OJ 1977 L 145, p. 1),                     interpretation of Council Directive 85/337/EEC of 27 June
notwithstanding the provisions of Articles 2(2), 14, 28a and                1985 on the assessment of the effects of certain public and
28c(B) of that directive, the Kingdom of Spain has failed to                private projects on the environment (OJ 1985 L 175, p. 40)
fulfil its obligations under the EC Treaty — the Court (Sixth               — the Court (Sixth Chamber), composed of: P.J.G. Kapteyn,
Chamber), composed of: P.J.G. Kapteyn, President of the                     President of the Chamber, J.L. Murray and H. Ragnemalm
Chamber, G. Hirsch and J.L. Murray (Rapporteur), Judges;                    (Rapporteur), Judges; J. Mischo, Advocate General; L. Hewlett,
A. Saggio, Advocate General; R. Grass, Registrar, has given a               Administrator, for the Registrar, has given a judgment on
judgment on 16 September 1999, in which it:                                 16 September 1999, in which it has ruled: