Commission v Germany (Industrial policy) French Text [2004] EUECJ C-5/04 (28 October 2004)

Commission v Germany (Industrial policy) French Text [2004] EUECJ C-5/04 (28 October 2004)

Germany failed to adopt, within the prescribed period, the legislative, regulatory, and administrative measures necessary to comply with Directive 98/44/EC, thereby breaching its obligations under the directive.

Source-derived case information.

Citation
[2004] EUECJ C-5/04
Parties
Applicant: Commission des Communautés européennes; Respondent: République fédérale d'Allemagne
Jurisdiction
European Union
Procedural Posture
Infringement Proceedings (article 226 Ec) / Final Judgment
Outcome
Application upheld; infringement established
Legal Topics
Failure to Transpose Directive, Biotechnological Inventions, Member State Obligations
European Union Law Intellectual Property Law Failure to Transpose Directive Biotechnological Inventions Member State Obligations

Source-derived case record

Summary, issues, holding and outcome

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Parties

Commission des Communautés européennes

Applicant

République fédérale d'Allemagne

Respondent

Procedural Posture

Infringement Proceedings (article 226 Ec) / Final Judgment

  1. 1 Whether Germany failed to adopt and communicate the necessary measures to transpose Directive 98/44/EC within the prescribed period

Ratio Decidendi

Germany failed to adopt, within the prescribed period, the legislative, regulatory, and administrative measures necessary to comply with Directive 98/44/EC, thereby breaching its obligations under the directive.

Court Disposition

Application upheld; infringement established

Orders

  • Germany failed to adopt, within the prescribed period, the necessary measures to comply with Directive 98/44/EC.
  • Germany is ordered to pay the costs.