Case against Germany for failure to protect biotech inventions - Case Filing C-5/04: Commission v Germany

February 25, 2004

Luxembourg, 21 February 2004

Action brought on 9 January 2004 by the Commission of the European Communities against the Federal Republic of Germany

(Case C-5/04) Official Journal publication of the filing

An action against the Federal Republic of Germany was brought before the Court of Justice of the European Communities on 9 January 2004 by the Commission of the European Communities, represented by Karen Banks and Dr Claudia Schmidt, Agents, with an address for service in Luxembourg.

The Commission claims that the Court should:

1. declare that, by failing to adopt, or to communicate to the Commission, the laws, regulations and administrative provisions necessary to implement Directive 98/44/EC (1) of the European Parliament and 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; and

2. order the Federal Republic of Germany to pay the costs of the case.

Pleas in law and main arguments

The period within which the directive was to be implemented expired on 30 July 2000.

(1) OJ 1998 L 213, p. 13.

Official Journal of the EC

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