Judgment_paragraph 26 · Greenstar-Kanzi Europe NV v Jean Hustin and Jo Goossens (C-140/10)

26First, there is a ‘primary’ right, which covers variety constituents in accordance with Article 13(2) of Regulation No 2100/94. Harvested material, for its part, is covered by a ‘secondary’ right, which, although also referred to in Article 13(2) of that regulation, is significantly restricted by paragraph 3 of the same article. Thus, although variety constituents and harvested material are both covered by the term ‘material’, within the meaning of Article 13(2) of that regulation, the right laid down for each category is none the less different.

Greenstar-Kanzi Europe NV v Jean Hustin and Jo Goossens (C-140/10)

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