Case C-5/04: Action brought on 9 January 2004 by the Commission of the European Communities against the Federal Republic of Germany
Date: 2004-02-21
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, biotechnology, intellectual property, invention

C 47/26

EN

Official Journal of the European Union

21.2.2004

Action brought on 9 January 2004 by the Commission of
the European Communities against the Federal Republic
of Germany

(Case C-5/04)

(2004/C 47/44)

An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-
ties on 9 January 2004 by the Commission of the European
Communities, represented by Karen Banks and Dr Claudia
Schmidt, Agents, with an address for service in Luxembourg.

The applicant claims that the Court should:

1.

declare that, by failing to adopt or in any event to
inform the Commission of the laws, regulations and
administrative provisions necessary in order to comply
fully with Council Directive 1999/63/EC (1) of 21 June
1999 concerning the Agreement on the organisation of
working time of seafarers concluded by the European
Community Shipowners’ Association (ECSA) and the
Federation of Transport Workers’ Unions in the European
Union (FST) — Annex: European Agreement on the
organisation of working time of seafarers, the Republic
of Austria has failed to fulfil its obligations under Article 3
of that directive; and

2.

order the Republic of Austria to pay the costs of the case.

The Commission claims that the Court should:

Pleas in law and main arguments

1.

declare that, by failing to adopt, or to communicate to
the Commission, the laws, regulations and administrative
provisions necessary to implement Directive 98/44/EC (1)
of the European Parliament and the Council of 6 July
1998 on the legal protection of biotechnological inven-
tions, the Federal Republic of Germany has failed to fulfil
its obligations under that directive; and

2.

order the Federal Republic of Germany to pay the costs
of the case.

The period within which the directive was to be implemented
expired on 30 June 2002.

(1) OJ 1999 L 167, p. 33.

Pleas in law and main arguments

(2004/C 47/46)

Removal from the register of Case C-376/99 (1)

The period within which the directive was to be implemented
expired on 30 July 2000.

(1) OJ 1998 L 213, p. 13.

By order of 17 September 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-376/99: Federal Republic of
Germany v Commission of the European Communities.

(1) OJ C 352, 4.12.1999.

Action brought on 13 January 2004 by the Commission
of the European Communities against the Republic of
Austria

(Case C-10/04)

(2004/C 47/45)

the Republic of Austria was brought
An action against
before the Court of Justice of the European Communities
on 13 January 2004 by the Commission of the European
Communities, represented by G. Rozet and H. Kreppel, Agents,
with an address for service in Luxembourg.

Removal from the register of Case C-101/03 (1)

(2004/C 47/47)

By order of 21 October 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-101/03: Commission of the
European Communities v Italian Republic.

(1) OJ C 118, 18.5.2002.