Monday, April 9, 2012

Spain v. Council case brief (Medicinal product certificates)

Spain v. Council (Medicinal product certificates)
Case C-350/92, [1995] ECR I-1985
Patent rights; EU originally had no power in this area.
Article 95 - authorized harmonization to achieve the internal market (at the time required parliamentary cooperation and qualified majority voting by Council).
ARGUMENTS Spain: A grave infringement of the sovereignty of Member states b/c EC treaty did not give Community legislative power to create patent rights.

Council:  Can legislate in the field of intellectual property under 95 where necessary to achieve the internal market
Harmonizing measures under Art. 95 are necessary to deal with disparities b/t the laws of Member States in so far as such disparities are liable to hinder the free movement of goods within the community.
-Court says that regulation aims to prevent heterogeneous development of national laws leading to further disparities which would be likely to create obstacles to free movement of medicinal products within the community and directly affect the establishment and function of the internal market. Topic: The Sphere of EU Law and Policy, Implied powers under specific treaty articles, EU Law

Textbook: Cases and Materials on European Union Law, third edition, George A. Bermann, Roger J. Goebel, William J. Davey & Eleanor M. Fox., West Publishing

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