Centrafarm BV and Adriaan de Peijper v Sterling Drug Inc.

• Jurisdiction: European Union
• ECLI: ECLI:EU:C:1974:114
• Date: 31 October 1974
• Celex Number: 61974CJ0015
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Docket Number: 15-74

Avis juridique important

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61974J0015

Judgment of the Court of 31 October 1974. - Centrafarm BV et Adriaan de Peijper v Sterling Drug Inc. - Reference for a preliminary ruling: Hoge Raad - Netherlands. - Parallel patents. - Case 15-74.

European Court reports 1974 Page 01147
Greek special edition Page 00451
Portuguese special edition Page 00475
Spanish special edition Page 00451
Swedish special edition Page 00367
Finnish special edition Page 00373

Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part

Keywords

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1 . FREE MOVEMENT OF GOODS - INDUSTRIAL AND COMMERCIAL PROPERTY - RIGHTS - PROTECTION - EXTENT

( EEC TREATY, ARTICLE 36 )

2 . FREE MOVEMENT OF GOODS - INDUSTRIAL AND COMMERCIAL PROPERTY - PATENT - PRODUCT PROTECTED IN A MEMBER STATE - LICENCE TO SELL GRANTED BY THE PATENTEE IN ANOTHER MEMBER STATE - PROHIBITION ON SALE WITHIN THE COMMON MARKET - INADMISSIBILITY

( EEC TREATY, ARTICLE 36 )

3 . FREE MOVEMENT OF GOODS - INDUSTRIAL AND COMMERCIAL PROPERTY - PATENT RELATING TO A PHARMACEUTICAL PRODUCT - DISTRIBUTION - HEALTH CONTROL BY THE PATENTEE - MISUSE OF COMMUNITY RULES - PROHIBITION

( EEC TREATY, ARTICLE 36 )

4 . FREE MOVEMENT OF GOODS - INDUSTRIAL AND COMMERCIAL PROPERTY - PATENT - PRODUCTS MARKETED WITHIN THE UNITED KINGDOM - IMPORTATION INTO THE NETHERLANDS BY THE PATENTEE BEFORE 1 JANUARY 1975 - ARTICLE 42 OF THE ACT OF ACCESSION - FIELD OF APPLICATION

5 . COMPETITION - AGREEMENTS BETWEEN PARENT COMPANY AND SUBSIDIARIES - ADMISSIBILITY - CRITERIA

( EEC TREATY, ARTICLE 85 )

Summary

1 . WHILST THE TREATY DOES NOT AFFECT THE EXISTENCE OF RIGHTS RECOGNIZED BY THE LEGISLATION OF A MEMBER STATE IN MATTERS OF INDUSTRIAL AND COMMERCIAL PROPERTY, YET THE EXERCISE OF THESE RIGHTS MAY NEVERTHELESS, DEPENDING ON THE CIRCUMSTANCES, BE AFFECTED BY THE PROHIBITIONS IN THE TREATY, SINCE ARTICLE 36 ADMITS OF DEROGATIONS FROM THE FREE MOVEMENT OF GOODS ONLY WHERE SUCH DEROGATIONS ARE JUSTIFIED FOR THE PURPOSE OF SAFEGUARDING RIGHTS WHICH CONSTITUTE THE SPECIFIC SUBJECT MATTER OF THIS PROPERTY .

2 . THE EXERCISE, BY THE PATENTEE, OF THE RIGHT WHICH HE ENJOYS UNDER THE LEGISLATION OF A MEMBER STATE TO PROHIBIT THE SALE, IN THAT STATE, OF A PRODUCT PROTECTED BY THE PATENT WHICH HAS BEEN MARKETED IN ANOTHER MEMBER STATE BY THE PATENTEE OR WITH HIS CONSENT IS INCOMPATIBLE WITH THE RULES OF THE EEC TREATY CONCERNING THE FREE MOVEMENT OF GOODS WITHIN THE COMMON MARKET .

IN THIS CONNEXION, IT IS OF NO SIGNIFICANCE TO KNOW WHETHER THE PATENTEE AND THE UNDERTAKINGS TO WHICH THE LATTER HAS GRANTED LICENCES DO OR DO NOT BELONG TO THE SAME CONCERN .

IT IS ALSO A MATTER OF NO SIGNIFICANCE THAT THERE EXIST, AS BETWEEN THE EXPORTING AND IMPORTING MEMBER STATES, PRICE DIFFERENCES RESULTING FROM GOVERNMENTAL MEASURES ADOPTED IN THE EXPORTING STATE WITH A VIEW TO CONTROLLING THE PRICE OF THE PRODUCT .

3 . THE PROPRIETOR OF A PATENT RELATING TO A PHARMACEUTICAL PRODUCT CANNOT AVOID THE INCIDENCE OF COMMUNITY RULES CONCERNING THE FREE MOVEMENT OF GOODS FOR THE PURPOSE OF CONTROLLING THE DISTRIBUTION OF THE PRODUCT WITH A VIEW TO PROTECTING THE PUBLIC AGAINST DEFECTS THEREIN .

4 . ARTICLE 42 OF THE ACT CONCERNING THE CONDITIONS OF ACCESSION AND THE ADJUSTMENTS TO THE TREATIES CANNOT BE INVOKED TO PREVENT IMPORTATION INTO THE NETHERLANDS, EVEN BEFORE 1 JANUARY 1975, OF GOODS PUT ONTO THE MARKET IN THE UNITED KINGDOM BY THE PATENTEE OR WITH HIS CONSENT .

5 . ARTICLE 85 OF THE TREATY IS NOT CONCERNED WITH AGREEMENTS OR CONCERTED PRACTICES BETWEEN UNDERTAKINGS BELONGING TO THE SAME CONCERN AND HAVING THE STATUS OF PARENT COMPANY AND SUBSIDIARY, IF THE UNDERTAKINGS FORM AN ECONOMIC UNIT WITHIN WHICH THE SUBSIDIARY HAS NO REAL FREEDOM TO DETERMINE ITS COURSE OF ACTION ON THE MARKET, AND IF THE AGREEMENTS OR PRACTICES ARE CONCERNED MERELY WITH THE INTERNAL ALLOCATION OF TASKS AS BETWEEN THE UNDERTAKINGS .

Parties

IN CASE 15/74,

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE HOGE RAAD OF THE NETHERLANDS, FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN

CENTRAFARM BV, WITH REGISTERED OFFICE IN ROTTERDAM, WITH ADRIAAN DE PEIJPER, RESIDENT AT NIEUWERKERK AAN DE IJSSEL,

AND

STERLING DRUG INC ., WITH REGISTERED OFFICE IN NEW YORK,

Subject of the case

ON THE INTERPRETATION OF THE RULES OF THE EEC TREATY ON THE FREE MOVEMENT OF GOODS, IN CONJUNCTION WITH ARTICLE 42 OF THE ACT ANNEXED TO THE TREATY CONCERNING THE ACCESSION OF THE NEW MEMBER STATES TO THE ECONOMIC COMMUNITY...