Judgment_paragraph 40 · Josef Geistbeck and Thomas Geistbeck v Saatgut-Treuhandverwaltungs GmbH (C-509/10)

40As was pointed out in paragraph 35 above, a farmer who does not rely on Article 14(3) of Regulation No 2100/94 must be regarded as a third party who, without authorisation, has carried out one of the acts referred to in Article 13(2) of that regulation. Accordingly, the benefit which has been gained by the person who committed the infringement and which Article 94(1) of Regulation No 2100/94 seeks to offset corresponds to the amount equivalent to the fee payable for production under the C-Licence, which he has not paid.

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

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