[The Brüstle v. Greenpeace case and the end of pre-implantation embryos discrimination].
In October 2011 the Court of Justice of the European Union pronounced the sentence in the case Brüstle v. Greenpeace. This sentence resolves the preliminary ruling interposed by the Bundesgerichtshof. The object of the preliminary ruling was the interpretation of the expression "human embryos", on 44/98/CE Guideline, in order to resolve the litigation between Brüstle, a German neurobiologist, and Greenpeace. Brüstle have patented a process for obtaining stem cells using cells originally extracted from human embryos, Greenpeace have filed a lawsuit against this patent. The article analyzes the meaning of this sentence in the light of the discrimination of the pre-implantation embryos in Spanish law. The content of the Biopatent Guideline, the Opinions of the European Group on Ethics of Science and New Technologies related to it, the EUJC verdict and the Conclusions of the General Advocate are analyzed. We will pay special attention to the final verdict given on November 27, 2012, by the German Federal Court of Justice. The paper also considers the repercussion of Brüstle case at the European level, examining the activity of the European Parliament, in the frame of the discussion of the program Horizon 2020, and the citizen's initiative "One of us". At the Spanish level, the paper underlines the need to reform the laws of Human Assisted Reproduction and of Biomedical Investigation.
Universidad Rey Juan Carlos, Madrid. Paseo de Artilleros s/n, Vicálvaro, 28032, Madrid. +34 646717549. marta.albert@urjc.es.
Marta
M
Albert
D001709:Biotechnology / Q000331:legislation & jurisprudence; D001755:Blastocyst; D033041:Embryo Research / Q000191:economics / Q000266:history / Q000331:legislation & jurisprudence*; D005062:European Union / Q000458:organization & administration; D005858:Germany; D049674:History, 21st Century; D006806:Human Rights / Q000331:legislation & jurisprudence; D006801:Humans; D008119:Lobbying; D009939:Organizations, Nonprofit; D010330:Patents as Topic / Q000331:legislation & jurisprudence*; D028723:Personhood; D012109:Research Support as Topic; D063508:Social Discrimination / Q000331:legislation & jurisprudence; D013030:Spain; D009626:Terminology as Topic