Case against Luxembourg for not legislating on biotech patents - Case Filing C-450/03: Commission v Luxembourg

Luxembourg, 29 November 2003

Action brought on October 2003 by the Commission of the European Communities against the Grand Duchy of Luxembourg

(Case C-450/03) Official Journal publication of the filing

An action against the Grand Duchy of Luxembourg was brought before the Court of Justice of the European Communities on 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 Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 15 of that directive;

2. Order the Grand Duchy of Luxembourg 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