ECJ – Judgment of 18.10.2011 (Grand Chamber), Oliver Brüstle c. Greenpace Ev., C-34/10 – “Directive 98/44/EC on the legal protection of biotechnological inventions – Extraction of precursor cells from human embryonic stem cells – Patentability” – First St

Authors

  • Pablo Nuevo López

Keywords:

Human dignity, patentability, Charter of fundamental rights, European Union

Abstract

On October 11 2011, the Court of Justice of the European Union issued an important ruling that for the first time had to face the question of the status of the embryo in European law. From three prejudicial questions relating to patent law, the Court of Luxembourg had occasion to rule on the concept of human embryos for the purposes of Directive 98/44/EC, the process of establishing a broad concept of embryo and extend at the same guarantee of the right to human dignity of art. 1 of the Charter of Fundamental Rights of the European Union. 

Issue

Section

CASE LAW COURT OF JUSTICE OF THE EU