Case against Belgium for not legislating on biotech patents - Case Filing C-454/03: Commission v Belgium

December 3, 2003

Luxembourg, 29 November 2003

Action brought on 28 October 2003 by the Commission of the European Communities against the Kingdom of Belgium

(Case C-454/03) Official Journal publication of the filing

An action against the Kingdom of Belgium was brought before the Court of Justice of the European Communities on 28 October 2003 by the Commission of the European Communities, represented by K. Banks, acting as Agent, with an address for service in Luxembourg.

The Commission of the European Communities claims that the Court should:

1. Declare 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 (1) or, in any event, by not communicating those provisions to the Commission, the Kingdom of Belgium has failed to fulfil its obligations under Article 15 of that directive;

2. Order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

The time-limit fixed for the transposition of the directive expired on 30 July 2000.

(1) OJ L 213 of 30.07.1998, p. 13.

Official Journal of the EC

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