Source: EURLEX
Language: en
Format: md

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| 28.8.2004 | EN | Official Journal of the European Union | C 217/10 |

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JUDGMENT OF THE COURT

(Fourth Chamber)

of 1 July 2004

in Case C-448/03: Commission of the European Communities v French Republic[(1)](#ntr1-C_2004217EN.01001002-E0001)

(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 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 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 obligations under Article 15 of that directive — the Court (Fourth Chamber), composed of: J. N. Cunha Rodrigues, President of the Chamber, J.-P. Puissochet and F. Macken, Judges; F. G. Jacobs, Advocate General; R. Grass, Registrar, has given a judgment on 1 July 2004, in which it:

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| 1. | Declares that, by not adopting the laws, regulations and administrative 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 inventions, the French Republic has failed to fulfil its obligations under Article 15 of that directive. |

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| 2. | Orders the French Republic to pay the costs. |

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