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20.8.

98 EN Official Journal of the European Communities C 263/7

EFTA-COURT
Request for an advisory opinion from the EFTA Court by Borgarting Lagmannsrett by decision
of that court of 13 February 1998 in the case of the Norwegian Government, Royal Ministry of
Social Affairs and Health v. Astra Norge AS
(Case E-1/98)

(98/C 263/09)

A request has been made to the EFTA Court by decision of 13 February 1998 of Borgarting
Lagmannsrett (Borgarting Court of Appeal), Norway, which was received at the Court
Registry on 19 February 1998, for an advisory opinion in the case of the Norwegian
Government, Royal Ministry of Social Affairs and Health v. Astra Norge AS, on the following
questions:

1.ÙIs there a measure present having effect equivalent to import restrictions contrary to Article
11 of the EEA Agreement which cannot be justified by reference to industrial or commercial
property in Article 13 of the EEA if a summary of product characteristics which is
approved/laid down by the competent medicinal products authority in accordance with
Council Directive 65/65/EEC, amended, inter alia by Article 4(9) of Council Directive
83/570/EEC, is protected by the importer’s (direct importer’s) national copyright law, with
the consequence that the medicinal products authority may not give out/approve/lay down
the same summary of product characteristics for a product imported by way of parallel
import without the consent of the direct importer?

2.ÙDoes Directive 65/65/EEC, as amended, primarily Articles 4a and 5 of the Directive, allow
national legislation to provide copyright protection for a summary of product characteristics
which is approved/laid down by the medicinal products authority in that manner and with
the consequences described in question 1?

ORDER OF THE COURT


of 11 February 1998
in Case E-5/97: European Navigation Inc. v. Star Forsikring AS under offentlig administrasjon
(under public administration)
(Security for costs — Domicile of plaintiff)

(98/C 263/10)

In Case E-5/97: European Navigation Inc. v. Star Forsikring AS under offentlig administrasjon
(under public administration) — request for an advisory opinion by Høyesteretts kjæremål-
sutvalg (the Interlocutory Appeal Committee of the Supreme Court) by order of that court of
16 September 1997, concerning the provision of security for costs by a plaintiff domiciled
abroad — the Court, composed of: Bjørn Haug, President and judge-rapporteur, Thör
Vilhj`lmsson and Carl Baudenbacher, judges; and Per Christiansen, registrar, made an order
on 11 February 1998, the operative part of which is as follows:

Case E-5/97 is removed from the register.