25.1.2016

EN

Official Journal of the European Union

C 27/13

(Case C-572/15)

(2016/C 027/16)

Language of the case: Estonian

Referring court

Parties to the main proceedings

Applicant: F. Hoffmann-La Roche AG

Defendant: Accord Healthcare OÜ

Questions referred

1)Must Article 21(2) of Regulation No 469/2009 (1) of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (codified version) be interpreted as shortening the duration of a supplementary protection certificate issued in a Member State which was issued under national law before the accession of the State in question to the European Union and whose duration in relation to an active substance, as stated in the supplementary protection certificate, would be longer than 15 years from the time when the first marketing authorisation in the Union was granted for a medicinal product consisting of the active substance or containing it?

2)If the answer to the first question is in the affirmative, is Article 21(2) of Regulation No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (codified version) compatible with EU law, in particular the general principles of EU law on the protection of acquired rights, the principle of the prohibition of retroactive effect of law, and the Charter of Fundamental Rights of the European Union?

(1) OJ 2009 L 152, p. 1.