Source: All England Reporter
Publisher Citation: [2001] All ER (D) 101 (Oct)
Court: Court of Justice of the European Communities
Judge:

Judges Rodriguez Iglesias (President), Jann, Macken, Colneric and von Bahr (Presidents of Chambers), Gulmann, Edward, La Pergola, Puissochet (Rapporteur), Sevon, Wathelet, Skouris and Cunha Rodrigues
Judgment Dates: 9 October 2001

Catchwords

European Communities - Directives - Legal basis of directive - Legal protection of biotechnological inventions - Council directive providing for regulation of patents for biotechnological inventions - Whether directive lawful - Council Directive (EC) 98/44/EC.

The Case

The court rejected an application for annulment of Council Directive (EC) 98-44-EC on the legal protection of biotechnological inventions; it was not contrary to the principle of legal certainty; it did not breach international law; it did not breach the fundamental right to respect for human dignity; nor did it breach procedural rules in the adoption of the commission's proposal.

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