CELEX: 62010CN0140
Language: en
Date: 2010-03-17 00:00:00
Title: Case C-140/10: Reference for a preliminary ruling from the Hof van Cassatie van België (Belgium) lodged on 17 March 2010 — Greenstar-Kanzi Europe NV v Jean Hustin and Jo Goossens

19.6.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 161/19
            
         
      Reference for a preliminary ruling from the Hof van Cassatie van België (Belgium) lodged on 17 March 2010 — Greenstar-Kanzi Europe NV v Jean Hustin and Jo Goossens
      (Case C-140/10)
      (2010/C 161/27)
      Language of the case: Dutch
      
         Referring court
      
      Hof van Cassatie van België
      
         Parties to the main proceedings
      
      
                  Applicants
               
               
                  :
               
               
                  Greenstar-Kanzi Europe NV
               
            
                  Defendants
               
               
                  :
               
               
                  
                               
                           
                           
                              Jean Hustin
                           
                        
                               
                           
                           
                              Jo Goossens
                           
                        
            
         Questions referred
      
      
                  1.
               
               
                  Should Article 94 of Council Regulation (EC) No 2100/94 (1) of 27 July 1994 on Community plant variety rights, as amended by Council Regulation (EC) No 873/2004 (2) of 29 April 2004, read in conjunction with Articles 11(1), 13(1) to 13(3), 16, 27 and 104 of the aforementioned Regulation (EC) No 2100/94, be interpreted in such a way that the holder or the person enjoying the right of exploitation may bring an action for infringement against anyone who effects acts in respect of material which was sold or disposed of to him by a licensee of the right of exploitation if the limitations in the licensing contract between the licensee and the holder of the Community plant variety right that were stipulated to apply in the event of the sale of that material were not respected?
               
            
                  2.
               
               
                  If so, is it of significance for the assessment of the infringement that the person effecting the aforementioned act is aware or is deemed to be aware of the limitations thus imposed in the said licensing contract?
               
            
         (1)  OJ 1994 L 227, p. 1.
      
         (2)  OJ 2004 L 162, p. 38.