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Case C-181/24, Genmab: Order of the Court (Eighth Chamber) of 16 July 2024 (request for a preliminary ruling from the Fővárosi Törvényszék – Hungary) – Genmab A/S (Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Medicinal product for human use – Supplementary protection certificate for medicinal products (SPC) – Regulation (EC) No 469/2009 – Conditions for granting – Article 3(d) – First marketing authorisation (MA) – Medicinal products containing the same active ingredient being granted several MAs – Withdrawal of the prior MA)
ECLI:EU:UNKNOWN:62024CB0181
62024CB0181
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Official Journal of the European Union
C series
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C/2024/5965
14.10.2024
(Case C-181/24,
Genmab)
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Medicinal product for human use - Supplementary protection certificate for medicinal products (SPC) - Regulation (EC) No 469/2009 - Conditions for granting - Article 3(d) - First marketing authorisation (MA) - Medicinal products containing the same active ingredient being granted several MAs - Withdrawal of the prior MA)
(C/2024/5965)
Language of the case: Hungarian
Referring court
Parties to the main proceedings
Applicant: Genmab A/S
Intervening party: Szellemi Tulajdon Nemzeti Hivatala
Operative part of the order
Article 3(d) of 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, as amended by Regulation (EU) 2019/933 of the European Parliament and of the Council of 20 May 2019 must be interpreted as precluding the marketing authorisation submitted in support of an application for a supplementary protection certificate for a product from being regarded as the first marketing authorisation, within the meaning of that provision, if a prior marketing authorisation was granted for that same product but was withdrawn before the application for the supplementary protection certification was submitted.
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ELI: http://data.europa.eu/eli/C/2024/5965/oj
ISSN 1977-091X (electronic edition)
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