Bayer Pharma (Approximation of laws - Judgment) French Text [2019] EUECJ C-688/17 (12 September 2019)

Bayer Pharma (Approximation of laws - Judgment) French Text [2019] EUECJ C-688/17 (12 September 2019)

Article 9(7) of Directive 2004/48/EC does not preclude national legislation that denies compensation to a party who failed to act as a reasonable person to avoid or mitigate damage, even if provisional measures were annulled after patent cancellation, provided the court considers all objective circumstances,...

Source-derived case information.

Citation
[2019] EUECJ C-688/17
Parties
Applicant: Bayer Pharma AG; Respondent: Richter Gedeon Vegyészeti Gyár Nyrt.; Respondent: Exeltis Magyarország Gyógyszerkereskedelmi Kft.; Intervener: Commission européenne
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Final Judgment
Outcome
Preliminary ruling issued
Legal Topics
Patents, Provisional Measures, Compensation, Directive 2004/48/ec, TRIPS Agreement
Intellectual Property Civil Procedure European Union Law Patents Provisional Measures Compensation Directive 2004/48/ec TRIPS Agreement

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Parties

Bayer Pharma AG

Applicant

Richter Gedeon Vegyészeti Gyár Nyrt.

Respondent

Exeltis Magyarország Gyógyszerkereskedelmi Kft.

Respondent

Commission européenne

Intervener

Procedural Posture

Preliminary Reference / Final Judgment

  1. 1 Interpretation of 'appropriate compensation' under Article 9(7) of Directive 2004/48/EC
  2. 2 Compatibility of national civil law rules with EU requirements for compensation after annulment of provisional measures
  3. 3 Role of party conduct in determining entitlement to compensation

Ratio Decidendi

Article 9(7) of Directive 2004/48/EC does not preclude national legislation that denies compensation to a party who failed to act as a reasonable person to avoid or mitigate damage, even if provisional measures were annulled after patent cancellation, provided the court considers all objective circumstances, including party conduct and abuse of process.

Court Disposition

Preliminary ruling issued

Orders

  • Article 9(7) of Directive 2004/48/EC does not preclude national law denying compensation for damages caused by provisional measures if the party did not act as a reasonable person to avoid or reduce damage, provided all circumstances and party conduct are considered.