Case against Netherlands for failing to legislate on biotech patents - Case Filing C-395/03: Commission v Netherlands

Luxembourg, 1 November 2003

Action brought on 19 September 2003 by the Commission of the European Communities against the Kingdom of the Netherlands

(Case C-395/03) Official Journal publication of the filing

An action against the Kingdom of the Netherlands was brought before the Court of Justice of the European Communities on 19 September 2003 by the Commission of the European Communities, represented by W. Wils and K. Banks, acting as Agents.

The applicant claims that the Court should:

1. Declare that, by failing to adopt the laws, regulations and administrative provisions necessary to give effect to Directive 98/44/EC (1) of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions, or in any event by failing to inform the Commission of those provisions, the Kingdom of the Netherlands has failed to fulfil its obligations under that directive;

2. Order the Kingdom of the Netherlands to pay the costs.

Pleas in law and main arguments

The period within which the directive had to be transposed expired on 30 July 2000.

(1) OJ L 213 of 30.7.1998, p. 13.

Official Journal of the EC