Patent attorneys, case C-478/01

February 21st, 2006, Tomasz Rychlicki

The Court of Justice of the EU (Fourth Chamber) in its judgment of 6 March 2003 Case C-478/01, Commission of the European Communities v. Grand Duchy of Luxembourg, declared that, having regard to the requirement that patent agents, when supplying services, should elect domicile with an approved agent, and having regard to the fact that the Luxembourg Government has not provided information concerning the precise conditions for the application of Article 85(2) of the Law of 20 July 1992 amending the rules on patents and Articles 19 and 20 of the Law of 28 December 1998 governing access to occupations in craft trades, business and industry, and to certain liberal professions, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 49 EC and Article 10 EC.