CELEX: C1997/074/11
Language: en
Date: 1997-03-08 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 23 January 1997 in Case C-181/95 (reference for a preliminary ruling from the Tribunal de commerce de Nivelles): Biogen Inc. v. Smithkline Beecham Biologicals SA (Council Regulation (EEC) No 1768/92 - Supplementary protection certificate for medicinal products - Refusal by the holder of the marketing authorization to provide a copy to the applicant for the certificate)

No C 74/6              EN                    Official Journal of the European Communities                                       8 . 3 . 97
              JUDGMENT OF THE COURT                                                    JUDGMENT OF THE COURT
                         ( Sixth Chamber)                                                      ( Sixth Chamber)
                       of 23 January 1997
                                                                                             of 23 January 1997
in Case C-171/95 ( reference for a preliminary ruling from
the Bundesverwaltungsgericht ): Recep Tetik v. Land Berlin              in Case C-181/95 ( reference for a preliminary ruling from
joined party: Oberbundesanwalt beim Bundesverwaltungs­                  the Tribunal de commerce de Nivelles ): Biogen Inc. v.
                               gericht ( ] )                                        Smithkline Beecham Biologicals SA (')
(EEC-Turkey Association Agreement — Decision of the                     (Council Regulation (EEC) No 1768/92 — Supplementary
Council of Association — Free movement of workers —
                                                                        protection certificate for medicinal products — Refusal by
Extension of a residence permit — Voluntary termination                 the holder of the marketing authorization to provide a
                of a contract of employment)                                       copy to the applicant for the certificate)
                            ( 97/C 74/ 10 )
                                                                                                   97/C 74/ 11 )
               (Language of the case: German)
  (Provisional translation; the definitive translation will be                          (Language of the case: French)
          published in the European Court Reports)
In Case C-171 /95 : reference to the Court under Article 177
of the EC Treaty from the Bundesverwaltungsgericht
( Federal Administrative Court, Germany ) for a                           (Provisional translation; the definitive translation will be
preliminary ruling in the proceedings pending before that                         published in the European Court Reports)
court between Recep Tetik and Land Berlin, joined party:
Oberbundesanwalt beim Bundesverwaltungsgericht — on
the interpretation of the third indent of Article 6 ( 1 ) of
Decision No      1 /80 of the Council of Association of                 In Case C-181 /95 : reference to the Court under Article 177
19 September 1980 on the development of the Association                 of the EC Treaty from the Tribunal de commerce de Nivel­
between the European Economic Community and Turkey                      les ( Belgium ) for a preliminary ruling in the proceedings
— the Court ( Sixth Chamber ), composed of: G. F.                       pending before that court between Biogen Inc . and
Mancini, President of the Chamber ( Rapporteur), J. L.                  Smithkline Beecham Biologicals SA — on the
Murray, C. N. Kakouris, P. J. G. Kapteyn and H.                         interpretation of Council Regulation ( EEC ) No 1768/92 of
Ragnemalm, Judges; M. B. Elmer, Advocate-General; H. A.                 18 June 1992 concerning the creation of a supplementary
Riihl, Principal Administrator, for the Registrar, has given            protection certificate for medicinal products ( OJ No L 182,
a judgment on 23 January 1977, in which it has ruled as                 2 . 7. 1992, p. 1 ) — the Court ( Sixth Chamber), composed
follows :                                                               of J. L. Murray, President of the Fourth Chamber acting
                                                                        as President of the Sixth Chamber: C. N. Kakouris, P. J. G.
                                                                        Kapteyn, G. Hirsch ( Rapporteur ) and H. Ragnemalm,
The third indent of Article 6 (1 ) of Decision No 1 /80 of
                                                                        Judges; N. Fennelly, Advocate-General; H. A. Riihl,
the Council of Association of 19 September 1980 on the
development of the Association between the European                     Principal Administrator, for the Registrar, has given a
                                                                        judgment on 23 January 1997, in which it has ruled :
Economic Community and Turkey must be interpreted as
meaning that a Turkish worker who has been legally
employed for more than four years in a Member State,
who decides voluntarily to leave his employment in order                1 . Where a medicinal product is covered by several basic
to seek new work in the same Member State and is unable
                                                                            *patents, Council Regulation (EEC) No 1768/92 of
immediately to enter into a new employment relationship,                     18 June 1992 concerning the creation of a
enjoys in that State, for a reasonable period, a right of                    supplementary protection certificate for medicinal
residence for the purpose of seeking new paid employment                     products does not preclude the grant of a
there, provided that he continues to be duly registered                      supplementary protection certificate to each holder of
as belonging to the labour force of the Member                               a basic patent.
State concerned, complying where appropriate with the
requirements of the legislation in force in that State, for
instance by registering as a person seeking employment
and making himself available to the employment                          2 . Regulation (EEC) No 1768/92 does not require the
authorities. It is for the Member State concerned and, in                    holder of the marketing authorization to provide the
the absence of legislation to that end, for the national                     patent holder with a copy of that authorization,
court before which the matter has been brought to fix                        referred to in Article 8 (1 ) (b) of the Regulation.
such a reasonable period, which must, however, be
sufficient not to jeopardize in fact the prospects of his
finding new employment.
                                                                        3 . Where the basic patent and the authorization to place
(') OJ No C 208 , 12 . 8 . 1995 .                                            the product on the market as a medicinal product are
                                                                             held by different persons and the patent holder is
                                                                             unable to provide a copy of that authorization in
 ---pagebreak--- 8 . 3 . 97           I EN 1                  Official Journal of the European Communities                                     No C 74/7
     accordance with Article 8 (1 ) (b) of Regulation (EEC)                              JUDGMENT OF THE COURT
      No 1768/92, an application for a certificate must not                                       ( Sixth Chamber)
      be refused on that ground alone.
                                                                                                of 23 January 1997
H OJ No C 208 , 12 . 8 . 1995 .                                                 in Case C-3 14/95 Commission of the European
                                                                                        Communities v. Italian Republic ( 1 )
                                                                        (Failure by a Member State to fulfil its obligations —
                                                                        Failure to transpose directives concerning public health
                                                                                       and animal health into national law)
                                                                                                      97/C 74/ 13 )
               JUDGMENT OF THE COURT
                        ( Second Chamber)                                                 (Language of the case: Italian)
                       of 23 January 1997
in Case C-246/95 (reference for a preliminary ruling from                 (Provisional translation; the definitive translation will be
the Conseil d'Etat of the Kingdom of Belgium): Myrianne                             published in the European Court Reports)
                    Coen v. Belgian State ( ! )
(Temporary staff — Recruitment procedure — Member                       In Case C-314/95 : Commission of the European
States invited to propose candidates — Actions before the               Communities (Agent: Eugenio de March) v. Italian
                           national courts)                             Republic ( Agent: Umberto Leanza assisted by Pier Giorgio
                                                                        Ferri ) — application for a declaration that, by not
                             ( 97/C 74/ 12 )                            adopting within the prescribed periods the laws,
                                                                        regulations and administrative provisions necessary to
                                                                        comply with Council Directives 92/45/EEC ( OJ No L 268 ,
                 (Language of the case: French)                         14 . 9 . 1992, p. 35 ), 92/46/EEC ( OJ No L 268 , 14 . 9 .
                                                                        1992, p. 1 ), 92/65/EEC ( OJ No L 268 , 14 . 9. 1992, p. 54 ),
                                                                        92/88/EEC ( OJ No L 321 , 6 . 11 . 1992, p . 24 ), 92/ 116/
                                                                        EEC ( OJ No L 62, 15 . 3 . 1993 , p . 1 ), 92/117/EEC ( OJ No
   (Provisional translation; the definitive translation will be         L 62, 15 . 3 . 1993 , p. 38 ) and 92/118/EEC ( OJ No L 62,
           published in the European Court Reports)                     15 . 3 . 1993 , p. 49 ), the Italian Republic has failed to fulfil
                                                                        its obligations under those Directives and under the EC
                                                                        Treaty — the Court ( Sixth Chamber ), composed of: G. F.
                                                                        Mancini, President of the Chamber, J. L. Murray, C. N.
In Case C-246/95 : reference to the Court under Article 177             Kakouris ( Rapporteur ), G. Hirsch and H. Ragnemalm,
of the EC Treaty from the Conseil d'Etat of the Kingdom                 Judges; D. Ruiz-Jarabo Colomer, Advocate-General; H.
of Belgium for a preliminary ruling in the proceedings                  von Holstein, Administrator for the Registrar, has given a
pending before that court between Myrianne Coen and                     judgment on 23 January 1997 in which it:
Belgian State — on the interpretation of Article 179 of the
EC Treaty and of the Staff Regulations of Officials of the
European Communities — the Court ( Second Chamber),                     1 . declares that, by not adopting within the prescribed
composed of: G. F. Mancini, President of the Chamber, G.                     periods the laws, regulations and administrative
Hirsch and R. Schintgen ( Rapporteur), Judges; N.                            provisions necessary to comply with :
Fennelly, Advocate-General; H. von Holstein, Deputy
Registrar, for the Registrar, has given a judgment on
                                                                             — Council Directive 92/45/EEC of 16 June 1992 on
23 January 1997, in which it has ruled:
                                                                                  public health and animal health problems relating
                                                                                   to the killing of wild game and the placing on the
                                                                                   market of wild-game meat,
Article 1 79 of the EC Treaty and Articles 90 and 91 of
the Staff Regulations are to be interpreted as meaning that
                                                                             — Council Directive 92/46/EEC of 16 June 1992
the periods which those provisions prescribe for
                                                                                   laying down the health rules for the production
 challenging a decision of the Commission cannot be
                                                                                  and placing on the market of raw milk, heat­
caused to run afresh by a judgment given by a court of a
                                                                                   treated milk and milk-based products,
Member State finding an act of that State unlawful, where
 the act in question may have influenced the Commission
 decision which is to be challenged.                                         — Council Directive 92/65/EEC of 13 July 1992
                                                                                   laying down animal health requirements governing
                                                                                   trade in and imports into the Community of
 (') OJ No C 248 , 23 . 9 . 1995 .
                                                                                   animals, sperm, ova and embryos not subject to
                                                                                   animal health requirements laid down in specific
                                                                                   Community rules referred to in Annex A (I) to
                                                                                   Directive 90/425/EEC,