CELEX: C2005/217/26
Language: en
Date: 2005-09-03 00:00:00
Title: Judgment of the Court (Third Chamber) of 16 June 2005 in Case C-456/03: Commission of the European Communities v Italian Republic (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)

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)
   
   (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.
            
         
      (1)  OJ C 7 of 10.1.2004.