Language of document :

Reference for a preliminary ruling from High Court of Justice (Chancery Division) (United Kingdom) made on 3 October 2012 - Actavis Group PTC EHF, Actavis UK Ltd v Sanofi

(Case C-443/12)

Language of the case: English

Referring court

High Court of Justice (Chancery Division)

Parties to the main proceedings

Applicants: Actavis Group PTC EHF, Actavis UK Ltd

Defendant: Sanofi

Third party : Sanofi Pharma Bristol-Myers Squibb SNC

Questions referred

What are the criteria for deciding whether "the product is protected by a basic patent in force" in Article 3(a) of Regulation 469/2009/EC ("the Regulation")?

In a situation in which multiple products are protected by a basic patent in force, does the Regulation, and in particular Article 3(c), preclude the proprietor of the patent being issued a certificate for each of the products protected?

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1 - Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products OJ L 152, p. 1