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In June last year The SPC Blog
reported on a German reference for a preliminary ruling from the Bundespatengericht to the Court of Justice of the European Union on the interpretation of Art. 3(1)(b) of Council Regulation 1610/96 regarding the creation of a supplementary protection certificate for plant protection products. This reference is Case C-229/09
Rechtsanwaltssozietät Lovells v Bayer CropScience AG (jodosulfuron) and the single question referred for a ruling is this:
"For the purpose of the application of 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, must account be taken exclusively of a marketing authorisation under Article 4 of Directive 91/414/EEC, or can a certificate also be issued pursuant to a marketing authorisation which has been granted on the basis of Article 8(1) of Directive 91/414/EEC?".
The hearing before the Court takes place this Thursday, 22 April at 11.00am.
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