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Document C2005/006/34
Judgment of the Court (Fourth Chamber) of 28 October 2004 in Case C-5/04 Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil its obligations — Directive 98/44/EC — Legal protection of biotechnological inventions — Failure to transpose within the prescribed period)
Judgment of the Court (Fourth Chamber) of 28 October 2004 in Case C-5/04 Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil its obligations — Directive 98/44/EC — Legal protection of biotechnological inventions — Failure to transpose within the prescribed period)
Judgment of the Court (Fourth Chamber) of 28 October 2004 in Case C-5/04 Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil its obligations — Directive 98/44/EC — Legal protection of biotechnological inventions — Failure to transpose within the prescribed period)
OJ C 6, 8.1.2005, p. 18–18
(ES, CS, DA, DE, ET, EL, EN, FR, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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8.1.2005 |
EN |
Official Journal of the European Union |
C 6/18 |
JUDGMENT OF THE COURT
(Fourth Chamber)
of 28 October 2004
in Case C-5/04 Commission of the European Communities v Federal Republic of Germany (1)
(Failure of a Member State to fulfil its obligations - Directive 98/44/EC - Legal protection of biotechnological inventions - Failure to transpose within the prescribed period)
(2005/C 6/34)
Language of the case: German
In Case C-5/04 Commission of the European Communities (Agents: K. Banks and C. Schmidt) v Federal Republic of Germany (Agent: M. Lumma) – action under Article 226 EC for failure to fulfil obligations, brought on 9 January 2004 – the Court (Fourth Chamber), composed of: J.N. Cunha Rodrigues, acting for the President of the Fourth Chamber, K. Schiemann and M. Ilešič (Rapporteur), Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, gave a judgment on 28 October 2004, in which it:
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1. |
Declares that, by failing to adopt, within the prescribed period, 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 Federal Republic of Germany has failed to fulfil its obligations under that directive; |
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2. |
Orders the Federal Republic of Germany to pay the costs. |