C-31/03P

Pharmacia & Upjohn SPA

The following question is referred to the Court of Justice of the European Communities for a preliminary ruling on the interpretation of Article 19(1) of Council Regulation (EEC) No 1768/92 of 18 June 1992 concerning the creation of a supplementary protection certificate for medicinal products (OJ 1992 L 182, p.1; hereinafter "the Protection Certificate Regulation"):

"Is the grant of a supplementary protection certificate in a Member State of the Community on the basis of a medicinal product for human beings authorised in that Member State precluded by an authorisation to place the same product on the market as a veterinary medicinal product granted in another Member State of the Community before the date specified in Article 19(1) of the Protection Certificate Regulation, or in the sole determining factor the date on which the product was authorised in the Community as a medicinal product for human beings?"