CELEX: C2004/217/19
Language: en
Date: 2004-08-28 00:00:00
Title: 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)

28.8.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/10
            
         
      JUDGMENT OF THE COURT
   
   (Fourth Chamber)
   of 1 July 2004
   in Case C-448/03: Commission of the European Communities 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 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:
   
               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.
            
         
               2.
            
            
               Orders the French Republic to pay the costs.
            
         
      (1)  OJ C 289 of 29.11.2003.