CELEX: E1998P0001
Language: en
Date: 1998-02-19 00:00:00
Title: Request for an advisory opinion from the EFTA Court by Borgarting Lagmannsrett by decision of that court of 13 February 1998 in the case of the Norwegian Government, Royal Ministry of Social Affairs and Health v. Astra Norge AS (Case E-1/98)

Important legal notice

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E1998P0001

Request for an advisory opinion from the EFTA Court by Borgarting Lagmannsrett by decision of that court of 13 February 1998 in the case of the Norwegian Government, Royal Ministry of Social Affairs and Health v. Astra Norge AS (Case E-1/98)  

Official Journal C 263 , 20/08/1998 P. 0007 - 0007

Request for an advisory opinion from the EFTA Court by Borgarting Lagmannsrett by decision of that court of 13 February 1998 in the case of the Norwegian Government, Royal Ministry of Social Affairs and Health v. Astra Norge AS (Case E-1/98) (98/C 263/09)A request has been made to the EFTA Court by decision of 13 February 1998 of Borgarting Lagmannsrett (Borgarting Court of Appeal), Norway, which was received at the Court Registry on 19 February 1998, for an advisory opinion in the case of the Norwegian Government, Royal Ministry of Social Affairs and Health v. Astra Norge AS, on the following questions:1. Is there a measure present having effect equivalent to import restrictions contrary to Article 11 of the EEA Agreement which cannot be justified by reference to industrial or commercial property in Article 13 of the EEA if a summary of product characteristics which is approved/laid down by the competent medicinal products authority in accordance with Council Directive 65/65/EEC, amended, inter alia by Article 4(9) of Council Directive 83/570/EEC, is protected by the importer's (direct importer's) national copyright law, with the consequence that the medicinal products authority may not give out/approve/lay down the same summary of product characteristics for a product imported by way of parallel import without the consent of the direct importer?2. Does Directive 65/65/EEC, as amended, primarily Articles 4a and 5 of the Directive, allow national legislation to provide copyright protection for a summary of product characteristics which is approved/laid down by the medicinal products authority in that manner and with the consequences described in question