Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 3.9.2005 | EN | Official Journal of the European Union | C 217/14 |

---

JUDGMENT OF THE COURT

(Third Chamber)

of 16 June 2005

in Case C-456/03: Commission of the European Communities v Italian Republic[(1)](#ntr1-C_2005217EN.01001401-E0001)

(Failure of a Member State to fulfil obligations - Directive 98/44/EC - Legal protection of biotechnological inventions - Admissibility - Failure to transpose - Articles 3(1), 5(2), 6(2) and 8 to 12)

(2005/C 217/26)

Language of the case: Italian

In Case C-456/03, Commission of the European Communities (Agent: K. Banks) v Italian Republic (Agent: I.M. Braguglia, assisted by P. Gentili, avvocato dello Stato) — action under Article 226 EC for failure to fulfil obligations, brought on 27 October 2003 — the Court (Third Chamber), composed of A. Rosas, President of the Chamber, J.P. Puissochet, S. von Bahr, U. Lõhmus and A. Ó Caoimh (Rapporteur), Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, gave a judgment on 16 June 2005, in which it:

|  |  |
| --- | --- |
| 1. | Declares that, by having failed to adopt the laws, regulations and administrative provisions necessary to comply with Articles 3(1), 5(2), 6(2) and 8 to 12 of Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions, the Italian Republic has failed to fulfil its obligations under Article 15 of that directive; |

|  |  |
| --- | --- |
| 2. | Dismisses the action as to the remainder; |

|  |  |
| --- | --- |
| 3. | Orders the Italian Republic to bear all the costs. |

---

[Top](#document1)