Request for a preliminary ruling from the Oberlandesgericht Wien (Austria) lodged on 15 October 2014 — Seattle Genetics Inc.

(Case C-471/14)

Language of the case: German

Referring court

Oberlandesgericht Wien

Parties to the main proceedings

Applicant: Seattle Genetics Inc.

Defendant authority: Österreichisches Patentamt

Questions referred

Is the date of the first authorisation to place the product on the market in the Community pursuant to Article 13(1) of Regulation (EC) No 469/2009 ¹ of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products determined according to Community law or does that provision refer to the date on which the authorisation takes effect under the law of the Member State in question?

If the Court’s answer is that the date referred to in Question 1 is determined by Community law, which date must be taken into account — the date of authorisation or the date of notification?

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¹ OJ 2009 L 152, p. 1.