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Case C-567/14: Judgment of the Court (First Chamber) of 7 July 2016 (request for a preliminary ruling from the Cour d’appel de Paris — France) — Genentech Inc. v Hoechst GmbH, Sanofi-Aventis Deutschland GmbH (Reference for a preliminary ruling — Competition — Article 101 TFEU — Non-exclusive licence agreement — Patent — No infringement — Obligation to pay royalties)
ECLI:EU:UNKNOWN:62014CA0567
62014CA0567
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12.9.2016
Official Journal of the European Union
C 335/8
(Case C-567/14)( (<span class="super">1</span>))
((Reference for a preliminary ruling - Competition - Article 101 TFEU - Non-exclusive licence agreement - Patent - No infringement - Obligation to pay royalties))
(2016/C 335/09)
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: Genentech Inc.
Defendants: Hoechst GmbH, Sanofi-Aventis Deutschland GmbH
Operative part of the judgment
Article 101(1) TFEU must be interpreted as not precluding the imposition on the licensee, under a licence agreement such as that at issue in the main proceedings, of a requirement to pay a royalty for the use of a patented technology for the entire period in which that agreement was in effect, in the event of the revocation or non-infringement of a licensed patent, provided that the licensee was able freely to terminate that agreement by giving reasonable notice.
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Language of the case: French.
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(<span class="super">1</span>) OJ C 73, 2.3.2015.