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Case C-210/12: Reference for a preliminary ruling from the Bundespatentgericht (Germany), lodged on 3 May 2012 — Sumitomo Chemical Co. Ltd
ECLI:EU:UNKNOWN:62012CN0210
62012CN0210
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Valentina R., lawyer
14.7.2012
Official Journal of the European Union
C 209/4
(Case C-210/12)
2012/C 209/06
Language of the case: German
Referring court
Party to the main proceedings
Appellant: Sumitomo Chemical Co. Ltd
Questions referred
1.Is Article 3(1)(b) of Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products to be interpreted as not precluding the grant of a supplementary protection certificate for a plant protection product if a valid marketing authorisation was granted in accordance with Article 8(4) of Directive 91/414/EEC?
2.If Question 1 is answered in the affirmative: Is it necessary under Article 3(1)(b) of Regulation (EC) No 1610/96 for the marketing authorisation to be still in force at the time of application for the certificate?
3.If the answer to Question 1 is in the negative: Is Article 7(1) of Regulation (EC) No 1610/96 to be interpreted as meaning that an application can be lodged even before the period mentioned in that provision starts to run?
Language of the case: German
(1) OJ 1996 L 198, p. 30.