Questions on Supplementary Protection Certificates referred to the European Court of Justice

The English High Court has sought guidance from the European Court of Justice (ECJ) relating to the validity of a Supplementary Protection Certificate. The reference concerns whether such a certificate for the medical compound memantine can be valid where that compound had been on the market since 1979 pursuant to national laws elsewhere in the EU before a marketing authorisation compliant with the predecessor to Directive 2001/83/EC was obtained.

Read Wragge & Co's in-depth analysis for more background.