Official Journal of the European Union

C 172/22

(Case C-239/19)

(2019/C 172/26)

Language of the case: English

Referring court

Parties to the main proceedings

Applicant: Eli Lilly and Company

Defendant: Genentech Inc.

Question referred

Does the SPC Regulation (1) preclude the grant of an SPC to the proprietor of a basic patent in respect of a product which is the subject of a marketing authorisation held by a third party without that party's consent?

* Language of the case: English.

Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (OJ 2009, L 152, p. 1).