Court of Justice of the European Communities (including Court of First Instance Decisions)

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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission of the European Communities v Federal Republic of Germany (Judgment of the Court (Eighth Chamber)) [2008] EUECJ C-395/07 (5 June 2008)
URL: http://www.bailii.org/eu/cases/EUECJ/2008/C39207.html
Cite as: EU:C:2008:325, ECLI:EU:C:2008:325, [2008] EUECJ C-395/07, [2008] EUECJ C-395/7

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Judgment of the Court (Eighth Chamber) of 5 June 2008 – Commission v Germany

(Case C‑395/07)

Failure of a Member State to fulfil obligations – Directive 2004/48/EC – Enforcement of intellectual property rights – Failure to transpose within the prescribed period

1.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 7)

2.                     Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 8)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, all the provisions necessary to comply with Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ 2004 L 157, p. 45, with corrigendum OJ 2004 L 195, p. 16).

Operative part

The Court:

1.

Declares that, by failing to adopt, within the period prescribed, all the provisions necessary to comply with Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, the Federal Republic of Germany has failed to fulfil its obligations under that directive;

2.

Orders the Federal Republic of Germany to pay the costs.

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