Judgment of the Court (Fourth Chamber) of 1 July 2004 in Case C-448/03: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Failure to transpose Directive 98/44/EC)
Date: 2004-08-28
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, biotechnology, invention, patent law, right to justice

C 217/10

EN

Official Journal of the European Union

28.8.2004

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fourth Chamber)

of 8 July 2004

in Case C-400/03 (reference for a preliminary ruling from
the Tribunal d'instance du VIIe arrondissement de Paris):
Waterman SAS v Directeur général des douanes et droits
indirects (1)

(Common Customs Tariff — Combined Nomenclature —
Tariff heading — Pen cases)

(2004/C 217/18)

(Language of the case: French)

(Provisional translation; the definitive translation will be published in
the European Court Reports)

for

the

Explanatory Notes

In Case C-400/03: reference to the Court under Article 234 EC
by the Tribunal d'instance du VIIe arrondissement de Paris
(France) for a preliminary ruling in the proceedings pending
before that court between Waterman SAS, formerly Waterman
SA, and Directeur général des douanes et droits indirects on the
conformity of
subheadings
4202 12 11 and 4202 12 19 of the Combined Nomenclature
contained in the Commission's communication entitled ‘Expla-
natory Notes to the Combined Nomenclature of the European
(OJ 2000 C 199, p. 1) with the combined
Communities’
nomenclature of
in
the Common Customs Tariff set out
Annex I to Council Regulation (EEC) No 2658/87 of 23 July
1987 on the tariff and statistical nomenclature and on the
Common Customs Tariff (OJ 1987 L 256, p. 1), as amended by
Commission Regulation (EC) No 2263/2000 of 13 October
2000 (OJ 2000 L 264, p. 1) — the Court, composed of:
J.N. Cunha Rodrigues, President of the Chamber, J.-P. Puissochet
and K. Lenaerts (Rapporteur), Judges; C. Stix-Hackl, Advocate
General; L. Hewlett, Principal Administrator, for the Registrar,
has given a judgment on 8 July 2004, in which it has ruled:

to affect

Examination of the question raised does not reveal any information
the validity of subheadings 4202 12 11 and
such as
contained in the
4202 12 19 of
Commission's
to the
Combined Nomenclature of the European Communities’.

communication entitled ‘Explanatory Notes

the Combined Nomenclature,

(1) OJ C 275 of 15.11.2003.

(Fourth Chamber)

of 1 July 2004

in Case C-448/03: Commission of the European Commu-
nities v French Republic (1)

(Failure of a Member State to fulfil obligations — Failure to
transpose Directive 98/44/EC)

(2004/C 217/19)

(Language of the case: French)

In Case C-448/03: Commission of the European Communities
(Agent: K. Banks) v French Republic (Agents: G de Bergues and
A. Bodard-Hermant) — application for a declaration that, by
not adopting the laws, regulations and administrative provi-
sions necessary to comply with Directive 98/44/EC of the Euro-
pean Parliament and of the Council of 6 July 1998 on the legal
protection of biotechnological inventions (OJ 1998 L 213, p.
13) or, in any event, by not communicating those provisions to
the Commission, the French Republic has failed to fulfil its obli-
gations under Article 15 of that directive — the Court (Fourth
Chamber), composed of: J. N. Cunha Rodrigues, President of
the Chamber,
Judges; F. G.
J.-P. Puissochet and F. Macken,
Jacobs, Advocate General; R. Grass, Registrar, has given a judg-
ment on 1 July 2004, in which it:

1. Declares that, by not adopting the laws, regulations and adminis-
trative provisions necessary to comply with Directive 98/44/EC of
the European Parliament and of the Council of 6 July 1998 on
the legal protection of biotechnological
the French
Republic has failed to fulfil its obligations under Article 15 of
that directive.

inventions,

2. Orders the French Republic to pay the costs.

(1) OJ C 289 of 29.11.2003.