European communities - legal protection of biotechnological inventions - approximation of laws - principle of subsidiarity - obligations of member states under international law - relation between international law and EC law -direct effect

摘要

A directive of the European Parliament and the European Council (Council) requires the member states of the European Communities to protect biotechnological inventions under their national patent laws. To that end, the directive determines inter alia which inventions involving plants, animals, or the human body may or may not be patented. Following a vote by its Parliament against adoption, the Netherlands, supported by Norway and Italy, brought an action under Article 230 of the EC Treaty' for annulment of the directive.