CELEX: C2006/036/46
Language: en
Date: 2006-02-11 00:00:00
Title: Case C-431/05: Reference for a preliminary ruling from the Supremo Tribunal de Justiça by order of that court of  3 November 2005  in Merck Genéricos-Produtos Farmacêuticos, L.da v Merck & Co. Inc and Merck Sharp & Dohme, L.da

11.2.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 36/22
            
         Reference for a preliminary ruling from the Supremo Tribunal de Justiça by order of that court of 3 November 2005 in Merck Genéricos-Produtos Farmacêuticos, L.da v Merck & Co. Inc and Merck Sharp & Dohme, L.da
   (Case C-431/05)
   (2006/C 36/46)
   Language of the case: Portuguese
   Reference has been made to the Court of Justice of the European Communities by order of the Supremo Tribunal de Justiça of 3 November 2005, received at the Court Registry on 5 December 2005, for a preliminary ruling in the proceedings between Merck Genéricos-Produtos Farmacêuticos, L.da and Merck & Co. Inc and Merck Sharp & Dohme, L.da on the following questions:
   
               1.
            
            
               Does the Court of Justice of the European Communities have jurisdiction to interpret Article 33 of the TRIPs Agreement (1)?
            
         
               2.
            
            
               In the event of an affirmative answer to the first question, must national courts apply that article, on their own initiative or at the request of a party, in proceedings pending before them?
            
         
      (1)  Agreement on trade-related aspects of intellectual property rights, Annex 1C to the World Trade Organisation Agreement, approved on behalf of the Community, with regard to matters within its competence, by Council Decision 94/800/EC of 22 December 1994 (OJ L 336, 23.12.1994 p. 1).