Italy failed to legislate on patents for biotechnological inventions: judgment (C-456/03)

Luxembourg, 16 June 2005

C-456/03, Commission of the European Communities v Italian Republic

Judgment of the Court of Justice (Third Chamber) on 16 June 2005 (link to English version when available).
Full text of this Judgment

Failure of a Member State to fulfil obligations - Directive 98/44/EC - Legal protection of biotechnological inventions - Admissibility - Failure to transpose - Articles 3(1), 5(2), 6(2) and 8 to 12

The Court ruled:

1. Declares that, by having failed to adopt the laws, regulations and administrative provisions necessary to comply with Articles 3(1), 5(2), 6(2) and 8 to 12 of Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions, the Italian Republic has failed to fulfil its obligations under Article 15 of that directive;

2. Dismisses the action as to the remainder;

3. Orders the Italian Republic to bear all the costs.