The Issue: What is Meant by the term ‘human embryos’ in Article 6 (2) (c) of Directive 98/44/EC?
Case C-34/10, Prof. Dr. Oliver Brüstle v Greenpeace e.V.
The case concerns the interpretation of Directive 98/44/EC on the legal protection of biotechnological inventions. German Supreme Court (Bundesgerichtshof) asked the following questions about the
directive on the interpretation of the term “human embryo” and related matters:
What is Meant by the term ‘human embryos’ in Article 6 (2) (c) of Directive 98/44/EC?
(A) Does it include all stages of the development of human life, beginning with the Fertilisation of the ovum, or Must Further Requirements, dry as the attainment of a Certain stages of development, Be Satisfied?
(B) Are the Following organisms Also included:
(A) unfertilised human ova into a Comma cell nucleus from a mature human cell has been transplanted;
(2) Whose unfertilised human ova and Further Development division have been Stimulated by parthenogenesis?
(C) Are stem cells obtained from human embryos at the blastocyst stage Also included?
See the Opinion of Advocate General delivered on 10 March 2011