Josef Geistbeck and Thomas Geistbeck v Saatgut-Treuhandverwaltungs GmbH (C-509/10)

Judgment of 5 Jul 2012

law://eu/cjeu/2010/c-509-10/para_36@2026-11-14

36In so far as Article 94 of Regulation No 2100/94 is intended to make good the loss suffered by the holder of a plant variety who is the victim of an infringement, it must be held that, in the case before the referring court, since the Geistbecks cannot rely on the ‘farmer’s privilege’ — namely, the derogation from Community plant variety rights allowed under Article 14(1) of Regulation No 2100/94 and as provided for in Article 14(3) of that regulation — that loss amounts to at least the fee that a third party would have had to pay for a C-Licence.

Josef Geistbeck and Thomas Geistbeck v Saatgut-Treuhandverwaltungs GmbH (C-509/10)

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