§ Joan RuddockTo ask the Secretary of State for Trade and Industry if he will make a statement on the EU Commission's position on the Dutch and Italian Governments' challenge to the EU Patent Directorate COM (95) 661. [74493]
§ Mr. Battle[holding answer 3 March 1999]: The European Commission, as a Community institution, is entitled to intervene in any case before the European Court of Justice. I am not aware that the Commission has made any such intervention in the Netherlands' action before the European Court of Justice, which action seeks to annul Directive 98/44/EC on the legal protection of biotechnological inventions. In addition, I am not aware that the European Commission has made any public statement on their position with respect to this case.
The Netherlands have applied to the European Court of Justice seeking to annul the recently adopted Directive 98/44/EC on the legal protection of biotechnological inventions.
As this Community legislation was adopted by the Council and European Parliament, it is these institutions, rather than the Commission who are parties to the action.