CELEX: C1997/252/06
Language: en
Date: 1997-08-16 00:00:00
Title: JUDGMENT OF THE COURT of 10 June 1997 in Case C-392/95: European Parliament v. Council of the European Union (Nationals of third countries - Visas - Legislative procedure - Consultation of the European Parliament)

No C 252/4            EN                   Official Journal of the European Communities                                  16 . 8 . 97
               JUDGMENT OF THE COURT                                                JUDGMENT OF THE COURT
                        of 10 June 1997                                                        ( Sixth Chamber)
in Case C-3 92/95 : European Parliament v. Council of the
                      European Union ( ! )                                                     of 12 June 1997
(Nationals of third countries — Visas — Legislative                   in Case C-l 10/95 (reference for a preliminary ruling
   procedure — Consultation of the European Parliament)               from the High Court of Justice, Chancery Division,
                                                                      Patents Court): Yamanouchi Pharmaceutical Co. Ltd v.
                         ( 97/C 252/06 )                              Comptroller-General of Patents, Designs and Trade
                                                                                                    Marks (')
                 (Language of the case: French)                       (Council Regulation (EEC) No 1768/92 — Supplementary
                                                                      protection certificate for medicinal products — Scope of
                                                                                                   Article 19)
                                                                                                  97/C 252/07 )
   (Provisional translation; the definitive translation will be
          published in the European Court Reports)
In Case C-392/95 : European Parliament, (Agents: Johann                              (Language of the case: English)
Schoo and Jose-Luis Rufas Quintana ) v. Council of the
European Union (Agents: Jean-Paul Jacque and Michael
Bishop ), supported by French Republic ( Agents : Catherine
de Salins and Anne de Bourgoing) — application for
annulment of Council Regulation ( EC ) No 2317/95 of
                                                                      In Case C-l 10/95 : reference to the Court under Article 177
25 September 1995 determining the third countries whose
nationals must be in possession of visas when crossing the            of the EC Treaty from the High Court of Justice,
external frontiers of the Member States ( OJ No L 234,                Chancery Division, Patents Court for a preliminary ruling
3 . 10 . 1995 , p. 1 ) — the Court, composed of: G. C.                in the proceedings pending before that court between
Rodriguez Iglesias, President, G. F. Mancini and J. L.                Yamanouchi Pharmaceutical Co. Ltd and Comptroller­
Murray ( Presidents of Chambers ), P. J. G. Kapteyn                   General of Patents, Designs and Trade Marks — on the
 ( Rapporteur ), C. Gulmann, D. A. O. Edward, J. -P.                  interpretation of Article 19 of Council Regulation ( EEC )
Puissochet, G. Hirsch, P. Jann, M. Wathelet and R.                    No 1768/92 of 18 June 1992 concerning the creation
Schintgen, Judges; N. Fennelly, Advocate-General; D.                  of a supplementary protection certificate for medicinal
Louterman-Hubeau, Principal Administrator, for the                    products ( OJ No L 182, 2 . 7. 1992, p. 1 ) — the Court
Registrar, has given a judgment on 10 June 1997, in which             ( Sixth Chamber), composed of: G. F. Mancini, President
it :                                                                  of the Chamber, C. N. Kakouris, G. Hirsch ( Rapporteur),
                                                                      H. Ragnemalm and R. Schintgen, Judges; N. Fennelly,
                                                                      Advocate-General; D. Louterman-Hubeau, Principal
                                                                      Administrator, for the Registrar, has given a judgment on
 1 . annuls Council Regulation (EC) No 2317/95 of                      12 June 1997, in which it has ruled:
      25 September 1995 determining the third countries
      whose nationals must be in possession of visas when
      crossing the external borders of the Member States;
                                                                       The grant of a supplementary protection certificate
 2 . declares that the effects of the annulled Regulation are         pursuant to Article 19 of Council Regulation (EEC)
      to be maintained until the Council of the European              No 1768/92 of 18 June 1992 concerning the creation
      Union has adopted new legislation in the matter;                 of a supplementary protection certificate for medicinal
                                                                      products is, in accordance with Article 3 (b) of that
                                                                       Regulation, conditional on a valid authorization to place
                                                                       the product on the market as a medicinal product having
 3 . orders the Council to pay the costs;                              been granted in the Member State in which the application
                                                                       is submitted and at the date of that application.
 4. orders the French Republic to bear its own costs.
                                                                       (') OJ No C 159, 24 . 6 . 1995 .
 O OJ No C 46, 17. 2 . 1996 .