Contribution by Dr. Kathrin Aftahy and Dr. Axel Berger, BARDEHLE PAGENBERG With reasoned order of July 16, 2024 in case C-181/24 (“Genmab”), the CJEU holds that an SPC cannot be granted based on a second marketing authorization even if the earlier first marketing authorization for said product was actively withdrawn before the filing of the SPC application. Art. 3 of Regulation (EC) No 469/2009 concerning supplementary protection certificates for medicinal products (“SPC Reg.”) contains the requirements for the grant of an SPC – and has been hotly debated ever since its coming into force. Art. 3(b) SPC Reg. requires that...