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Case C-242/14: Judgment of the Court (Second Chamber) of 25 June 2015 (request for a preliminary ruling from the Landgericht Mannheim — Germany) — Saatgut-Treuhandverwaltungs GmbH v Gerhard und Jürgen Vogel GbR, Jürgen Vogel, Gerhard Vogel (Reference for a preliminary ruling — Community plant variety rights — Regulation (EC) No 2100/94 — Derogation provided for in Article 14 — Use by farmers of the product of the harvest for propagating purposes without the holder’s authorisation — Farmers under an obligation to pay equitable remuneration for such use — Period within which that remuneration must be paid in order to be able to benefit from the derogation — Whether it is possible for the holder to have recourse to Article 94 — Infringement)
ECLI:EU:UNKNOWN:62014CA0242
62014CA0242
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Official Journal of the European Union
C 279/15
(Case C-242/14) (1)
((Reference for a preliminary ruling - Community plant variety rights - Regulation (EC) No 2100/94 - Derogation provided for in Article 14 - Use by farmers of the product of the harvest for propagating purposes without the holder’s authorisation - Farmers under an obligation to pay equitable remuneration for such use - Period within which that remuneration must be paid in order to be able to benefit from the derogation - Whether it is possible for the holder to have recourse to Article 94 - Infringement))
(2015/C 279/18)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Saatgut-Treuhandverwaltungs GmbH
Defendants: Gerhard und Jürgen Vogel GbR, Jürgen Vogel, Gerhard Vogel
Operative part of the judgment
In order to be able to benefit from the derogation provided for in Article 14 of Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights from the obligation to obtain the authorisation of the holder of the plant variety right concerned, a farmer who has planted propagating material obtained from a protected plant variety (farm-saved seed) without having concluded a contract for so doing with the holder is required to pay the equitable remuneration due under the fourth indent of Article 14(3) of that regulation within the period that expires at the end of the marketing year during which that planting took place, that is, no later than 30 June following the date of reseeding.
(1) OJ C 303, 8.9.2014.