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23.10.2004 |
EN |
Official Journal of the European Union |
C 262/11 |
JUDGMENT OF THE COURT
(Sixth Chamber)
of 9 September 2004
in Case C-450/03: Commission of the European Communities v Grand Duchy of Luxembourg (1)
(Failure by a Member State to fulfil its obligations - Failure to transpose Directive 98/44/EC)
(2004/C 262/22)
Language of the case: French
In Case C-450/03: Commission of the European Communities (Agent: K. Banks) v Grand Duchy of Luxembourg (Agent: S. Schreiner) — action for failure to fulfil obligations under Article 226 EC — the Court (Sixth Chamber), composed of: J.-P. Puissochet, President of Chamber, F. Macken (Rapporteur) and S. von Bahr, Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, gave a judgment on 9 September 2004, the operative part of which is as follows:
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1. |
By failing to adopt 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 Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 15 of that directive. |
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2. |
The Grand Duchy of Luxembourg is ordered to pay the costs. |