CELEX: C2004/262/23
Language: en
Date: 2004-10-23 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 9 September 2004 in Case C-454/03: Commission of the European Communities v Kingdom of Belgium (Failure by a Member State to fulfil its obligations — Failure to transpose Directive 98/44/EC)

23.10.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 262/11
            
         
      JUDGMENT OF THE COURT
   
   (Sixth Chamber)
   of 9 September 2004
   in Case C-454/03: Commission of the European Communities v Kingdom of Belgium (1)
   
   (Failure by a Member State to fulfil its obligations - Failure to transpose Directive 98/44/EC)
   (2004/C 262/23)
   Language of the case: French
   In Case C-454/03: Commission of the European Communities (Agents: K. Banks) v Kingdom of Belgium (Agent: E. Dominkovits) — action for failure to fulfil obligations under Article 226 EC — the Court (Sixth Chamber), composed of: J.-P. Puissochet, President of Chamber, F. Macken (Rapporteur) and S. von Bahr, Judges; F.G. Jacobs, Advocate General; R.Grass, Registrar, gave a judgment on 9 September 2004, the operative part of which is as follows:
   
               1.
            
            
               By failing to adopt 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 Kingdom of Belgium has failed to fulfil its obligations under Article 15 of that directive.
            
         
               2.
            
            
               The Kingdom of Belgium is ordered to pay the costs.
            
         
      (1)  OJ C 289 of 29.11.2003.