CELEX: C2001/331/01
Language: en
Date: 2001-11-24 00:00:00
Title: Judgment of the Court of 9 October 2001 in Case C-377/98: Kingdom of the Netherlands v European Parliament and Council of the European Union (Annulment — Directive 98/44/EC — Legal protection of biotechnological inventions — Legal basis — Article 100a of the EC Treaty (now, after amendment, Article 95 EC), Article 235 of the EC Treaty (now Article 308 EC) or Articles 130 and 130f of the EC Treaty (now Articles 157 EC and 163 EC) — Subsidiarity — Legal certainty — Obligations of Member States under international law — Fundamental rights — Human dignity — Principle of collegiality for draft legislation of the Commission)

24.11.2001              EN                      Official Journal of the European Communities                                           C 331/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       Registrar, has given a judgment on 9 October 2001, in which
                                                                             it:
                        of 9 October 2001
                                                                             1.    Dismisses the application;
in Case C-377/98: Kingdom of the Netherlands v European                      2.    Orders the Kingdom of the Netherlands to bear the costs;
     Parliament and Council of the European Union (1)
                                                                             3.    Orders the Italian Republic, the Kingdom of Norway and the
(Annulment — Directive 98/44/EC — Legal protection of                              Commission each to bear their own costs.
biotechnological inventions — Legal basis — Article 100a
of the EC Treaty (now, after amendment, Article 95 EC),                      (1) OJ C 378 of 5.12.1998.
Article 235 of the EC Treaty (now Article 308 EC) or
Articles 130 and 130f of the EC Treaty (now Articles 157
EC and 163 EC) — Subsidiarity — Legal certainty —
Obligations of Member States under international law —
Fundamental rights — Human dignity — Principle of
     collegiality for draft legislation of the Commission)                                    JUDGMENT OF THE COURT
                          (2001/C 331/01)                                                             (Sixth Chamber)
                    (Language of the case: Dutch)                                                   of 9 October 2001
                                                                             in Case C-409/98 [reference for a preliminary ruling from
(Provisional translation; the definitive translation will be published       the High Court of Justice of England and Wales, Queen’s
                   in the European Court Reports)                            Bench Division (Divisional Court)]: Commissioners of
                                                                                       Customs & Excise v Mirror Group plc (1)
In Case C-377/98: Kingdom of the Netherlands (Agents:                        (Sixth VAT Directive — Exemption for the leasing or letting
M.A. Fierstra and I. van der Steen) supported by Italian                     of immovable property — Meaning — Undertaking to
Republic (Agent: U. Leanza, assisted by P.G. Ferri), and by                                           become a tenant)
Kingdom of Norway (Agent: H.W. Longva) v European
Parliament (Agents: J. Schoo and E. Vandenbosch) and Council                                          (2001/C 331/02)
of the European Union (Agents: R. Gosalbo Bono, G. Houttuin
and A. Lo Monaco) supported by Commission of the European                                       (Language of the case: English)
Communities (Agents: K. Banks and P. van Nuffel) — appli-
cation for annulment of Directive 98/44/EC of the European
Parliament and of the Council of 6 July 1998 on the legal                    In Case C-409/98: reference to the Court under Article 177 of
protection of biotechnological inventions (OJ 1998 L 213,                    the EC Treaty (now Article 234 EC) from the High Court of
p. 13) — the Court, composed of: G.C. Rodrı́guez Iglesias,                   Justice of England and Wales, Queen’s Bench Division (Div-
President, P. Jann, F. Macken, N. Colneric and S. von Bahr                   isional Court) (United Kingdom) for a preliminary ruling in the
(Presidents of Chambers), C. Gulmann, D.A.O. Edward, A. La                   proceedings pending before that court between Com-
Pergola, J.-P. Puissochet (Rapporteur), L. Sevón, M. Wathelet,              missioners of Customs & Excise and Mirror Group plc — on
V. Skouris and J.N. Cunha Rodrigues, Judges; F.G. Jacobs,                    the interpretation of Article 13B(b) of the Sixth Council
Advocate General; H.A. Rühl, Principal Administrator, for the                Directive of 17 May 1977 (77/388/EEC) on the harmonisation