Judgment of the Court (Fourth Chamber) of 28 October 2004 in Case C-5/04 Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil its obligations — Directive 98/44/EC — Legal protection of biotechnological inventions — Failure to transpose within the prescribed period)
Date: 2005-01-08
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, biotechnology, intellectual property, invention

C 6/18

EN

Official Journal of the European Union

8.1.2005

JUDGMENT OF THE COURT

(Fourth Chamber)

of 28 October 2004

in Case C-4/04 Commission of the European Communities
v Republic of Austria (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 98/44/EC — Legal protection of biotechnological inven-
tions — Failure to transpose within the prescribed period)

(2005/C 6/33)

(Language of the case: German)

In Case C-4/04 Commission of the European Communities
(Agents: K. Banks and C. Schmidt) v Republic of Austria
(Agent: H. Dossi) — action under Article 226 EC for failure to
fulfil obligations, brought on 8 January 2004 — the Court
(Fourth Chamber), composed of: J.N. Cunha Rodrigues, acting
for the President of the Fourth Chamber, K. Schiemann and M.
Ilešič (Rapporteur), Judges; F.G. Jacobs, Advocate General; R.
in
Grass, Registrar, gave a judgment on 28 October 2004,
which it:

regulations and administrative provisions necessary

1. Declares that, by failing to adopt, within the prescribed period, the
laws,
to
comply with Directive 98/44/EC of the European Parliament and
of the Council of 6 July 1998 on the legal protection of biotech-
nological inventions, the Republic of Austria has failed to fulfil its
obligations under that directive;

2. Orders the Republic of Austria to pay the costs.

(1) OJ C 47 of 21.2.2004.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 28 October 2004

Germany (Agent: M. Lumma) – action under Article 226 EC
for failure to fulfil obligations, brought on 9 January 2004 –
the Court (Fourth Chamber), composed of: J.N. Cunha Rodri-
gues, acting for the President of the Fourth Chamber, K. Schie-
mann and M. Ilešič (Rapporteur), Judges; F.G. Jacobs, Advocate
General; R. Grass, Registrar, gave a judgment on 28 October
2004, in which it:

regulations and administrative provisions necessary

1. Declares that, by failing to adopt, within the prescribed period, the
laws,
to
comply with Directive 98/44/EC of the European Parliament and
of the Council of 6 July 1998 on the legal protection of biotech-
nological inventions, the Federal Republic of Germany has failed
to fulfil its obligations under that directive;

2. Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 47 of 21.2.2004.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 18 November 2004

in Case C-78/04 Commission of the European Commu-
nities v Republic of Austria (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 96/61/EC — Integrated pollution prevention and control)

(2005/C 6/35)

in Case C-5/04 Commission of the European Communities
v Federal Republic of Germany (1)

(Language of the case: German)

(Failure of a Member State to fulfil its obligations — Direc-
tive 98/44/EC — Legal protection of biotechnological inven-
tions — Failure to transpose within the prescribed period)

(2005/C 6/34)

(Language of the case: German)

In Case C-5/04 Commission of the European Communities
(Agents: K. Banks and C. Schmidt) v Federal Republic of

In Case C-78/04 Commission of the European Communities
(Agents: U. Wölker and M. Konstantinidis) v Republic of
Austria (Agent: E. Riedl) – action under Article 226 EC for
failure to fulfil obligations, brought on 18 February 2004 – the
Court (Fifth Chamber), composed of: C. Gulmann, acting for
the President of the Fifth Chamber, R. Schintgen and P. Kūris
(Rapporteur),
J. Kokott, Advocate General; R. Grass,
Registrar, gave a judgment on 18 November 2004, in which it:

Judges;