Source: All England Reporter
Publisher Citation: [2005] All ER (D) 301 (Apr)
Court: Court of Justice of the European Communities (Second Chamber)
Judge:

Judges Timmermans (President of the Chamber), Gulmann (Rapporteur), Puissochet, Schintgen and Cunha Rodrigues
Judgment Dates: 21 April 2005

Catchwords

Medicinal products - Products for human use - Marketing authorisations - European Community - Supplementary protection certificate for medicinal products - First marketing authorisation - Interpretation of regulation - Council Regulation (EC) 1768/92, art 13.

The Case

In so far as an authorisation to place a medicinal product on the market issued by the Swiss authorities and automatically recognised by Liechtenstein under that state's legislation was the first authorisation to place that product on the market in one of the states of the European Economic Area, it constituted the first authorisation to place the product on the market within the meaning of art13 of Council Regulation (EEC) 1768-92 (concerning the creation of a supplementary protection certificate for medicinal products), as it was to be read for the purposes of the application of the Agreement on the European Economic Area.

Practice Areas

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