CELEX: C2004/300/34
Language: en
Date: 2004-12-04 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 19 October 2004 in Case C-31/03 (reference for a preliminary ruling from the Bundesgerichtshof): Pharmacia Italia SpA (Regulation (EEC) No 1768/92 — Medicinal products — Supplementary protection certificate — Transitional arrangements — Successive authorisations as a veterinary medicinal product and a medicinal product for human use)

4.12.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 300/17
            
         
      JUDGMENT OF THE COURT
   
   (Fifth Chamber)
   of 19 October 2004
   in Case C-31/03 (reference for a preliminary ruling from the Bundesgerichtshof): Pharmacia Italia SpA (1)
   
   (Regulation (EEC) No 1768/92 - Medicinal products - Supplementary protection certificate - Transitional arrangements - Successive authorisations as a veterinary medicinal product and a medicinal product for human use)
   (2004/C 300/34)
   Language of the case: German
   In Case C-31/03: reference for a preliminary ruling under Article 234 EC from the Bundesgerichtshof (Germany), made by decision of 17 December 2002, received at the Court on 27 January 2003, in the proceedings brought by Pharmacia Italia SpA, formerly Pharmacia & Upjohn SpA — the Court (Fifth Chamber), composed of: R. Silva de Lapuerta, President of the Chamber, C. Gulmann (Rapporteur) and S. von Bahr, Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, has given a judgment on 19 October 2004, in which it has ruled:
   The grant of a supplementary protection certificate in a Member State of the Community on the basis of a medicinal product for human use authorised in that Member State is precluded by an authorisation to place the product on the market as a veterinary medicinal product granted in another Member State of the Community before the date specified in Article 19(1) of Council Regulation No 1768/92 of 18 June 1992 concerning the creation of a supplementary protection certificate for medicinal products.
   
      (1)  OJ C 101 of 26.4.2003.