Judgment of the Court (Fifth Chamber) of 21 February 2008 – Commission v Luxembourg

(Case C‑328/07)

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.Actions for failure to fulfil obligations – Examination of 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. 9)

2.Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 11)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt 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 (OJ2004 L157, p.45, and corrigendum OJ2004 L195, p.16).

Operative part

The Court:

Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative 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 Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;

Orders the Grand Duchy of Luxembourg to pay the costs.