CELEX: C2005/006/34
Language: en
Date: 2005-01-08 00:00:00
Title: 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)

8.1.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 6/18
            
         
      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 (1)
   
   (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 6/34)
   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 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 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:
   
               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 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.