The EU Court of Justice holds that Article 81 does not apply to an agreement between a parent and its subsidiary which, although having a separate legal personality, enjoys no economic independence (Centrafarm & De Peijper / Sterling Drug)
JUDGMENT OF THE COURT OF 31 OCTOBER 1974
Centrafarm BV and Adriaan De Peijper v Sterling Drug Inc.
(preliminary ruling requested by the Hoge Raad)
’Parallel patents’
Case 15/74*
1. Whilst the Treaty does not affect the existence of rights recognized by the legislation of a Member (...)