Brustle v Greenpeace, embryonic stem cell research and the European court of justice's new found morality

摘要

Brustle v Greenpeace concerns a referral from the Bundesgerichtshof (the Federal Court of Justice of Germany) to the European Court of Justice (ECJ) for an interpretation of three issues under the Biotechnology Directive. While the decision of the Court is likely to prohibit the patenting of processes relating to embryonic stem cell research, the decision is also interesting due to the Court's retreat from narrowly interpreting the morality exclusions to a wider examination of the destruction of the embryo and whether it is contrary to 'ordre public'.