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Case C-555/13: Order of the Court (Eighth Chamber) of 13 February 2014 (request for a preliminary ruling from the Tribunal Arbitral — Portugal) — Merck Canada Inc. v Accord Healthcare Ltd, Alter SA, Labochem Ltd, Synthon BV, Ranbaxy Portugal — Comércio e Desenvolvimento de Produtos Farmacêuticos, Unipessoal Lda (Request for a preliminary ruling — ‘Court or tribunal’ for the purposes of Article 267 TFEU — Tribunal Arbitral necessário — Admissibility — Regulation (EC) No 469/2009 — Article 13 — Supplementary protection certificate for medicinal products — Period of validity of a certificate — Maximum period of exclusivity)
ECLI:EU:UNKNOWN:62013CB0555
62013CB0555
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16.6.2014
Official Journal of the European Union
C 184/9
(Case C-555/13) (<span class="super">1</span>)
((Request for a preliminary ruling - ‘Court or tribunal’ for the purposes of Article 267 TFEU - Tribunal Arbitral necessário - Admissibility - Regulation (EC) No 469/2009 - Article 13 - Supplementary protection certificate for medicinal products - Period of validity of a certificate - Maximum period of exclusivity))
2014/C 184/12
Language of the case: Portuguese
Referring court
Parties to the main proceedings
Applicant: Merck Canada Inc.
Defendants: Accord Healthcare Ltd, Alter SA, Labochem Ltd, Synthon BV, Ranbaxy Portugal — Comércio e Desenvolvimento de Produtos Farmacêuticos, Unipessoal Lda
Re:
Request for a preliminary ruling — Tribunal Arbitral — Interpretation of Article 13 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 (Codified version) (OJ 2009 L 152, p. 1) — Duration of the certificate — Exclusivity period exceeding a maximum of 15 years from the first authorisation to be placed on the market of the medicinal product in question in the European Union
Operative part of the order
Article 13 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, read in conjunction with recital 9 to the same regulation, must be interpreted as meaning that it precludes the holder of both a patent and a supplementary protection certificate from relying on the entire period of validity of such a certificate, calculated in accordance with Article 13, in a situation where, pursuant to such a period, it would enjoy a period of exclusivity as regards an active ingredient, of more than 15 years from the first authorisation to be placed on the market, in the European Union, of a medicinal product consisting of that active ingredient, or containing it.
* Language of the case: Portuguese.
ECLI:EU:C:2014:015
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