Source: EURLEX
Language: en
Format: md

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| 8.1.2005 | EN | Official Journal of the European Union | C 6/18 |

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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)](#ntr1-C_2005006EN.01001801-E0001)

(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)

(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. Grass, Registrar, gave a judgment on 28 October 2004, in which it:

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| 1. | Declares that, by failing to adopt, within the prescribed period, 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 Republic of Austria has failed to fulfil its obligations under that directive; |

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

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