The CJEU's latest ruling on Article 3(a): case closed?
Author: Mike SnodinBio-science Law Review (January 2019)
This article was first published in Volume 17, Issue 1 of Bio-science Law Review. It discusses the CJEU's landmark judgement in C-121/17 (Teva UK and Others).
The judgement in C-121/17, which relates to the law governing SPCs in Europe, is significant for two main reasons. Firstly, it addresses the interpretation of a provision (Article 3(a)) that is of fundamental importance to the operation of SPC laws in the EU, including Regulation 469/2009. Secondly, it is a judgement in which the CJEU sat as a Grand Chamber, a composition typically reserved for complex or important cases.
This article discusses the CJEU's ruling and identifies a number of important issues that it leaves unresolved. It also questions whether the interpretation of Article 3(a) adopted by the CJEU is fit for purpose. Finally, it concludes that the ruling in C-121/17 will not reduce the need for national courts to seek further guidance from the CJEU with regard to the interpretation of Article 3(a). Back To List