# C_2004106EN.01005102.xml

| 30.4.2004 | EN | Official Journal of the European Union | C 106/51 |
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30.4.2004

EN

Official Journal of the European Union

C 106/51

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Action brought on 1 April 2004 by the Commission of the European Communities against Ireland.

(Case C-165/04)

(2004/C 106/88)

An action against Ireland was brought before the Court of Justice of the European Communities on 1 April 2004 by the Commission of the European Communities, represented by K. Banks, acting as agent, with an address for service in Luxembourg.

The Applicant claims that the Court should:

| — | declare that, by failing to take the necessary measures to comply with the judgment of the Court of Justice of 19 March 2002 in case C-13/00 (1), Commission v. Ireland, Ireland has failed to fulfil its obligations under Article 228 of the EC Treaty; |
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declare that, by failing to take the necessary measures to comply with the judgment of the Court of Justice of 19 March 2002 in case C-13/00 (1), Commission v. Ireland, Ireland has failed to fulfil its obligations under Article 228 of the EC Treaty;

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| — | order Ireland to pay to the Commission of the European Communities a penalty payment of EUR 3.600 for each day of delay in taking the measures necessary to comply with the judgment in case C-13/00, from delivery of judgment in the present proceedings until the judgment in case C-13/00 has been complied with; |
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order Ireland to pay to the Commission of the European Communities a penalty payment of EUR 3.600 for each day of delay in taking the measures necessary to comply with the judgment in case C-13/00, from delivery of judgment in the present proceedings until the judgment in case C-13/00 has been complied with;

| — | order Ireland to pay the costs. |
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order Ireland to pay the costs.

Pleas in law and main arguments:

In its judgment of 19 March 2002 in case C-13/00, the Court declared that, by failing to obtain its adherence before 1 January 1995 to the Berne Convention for the Protection of Literary and Artistic Works (Paris Act of 24 July 1971), Ireland had failed to fulfil its obligations under Article 228(7) of the EC Treaty (now, after amendment, Article 300(7) EC) in conjunction with Article 5 of Protocol 28 to the Agreement on the European Economic Area of 2 May 1992.

Article 228(1) EC requires a Member State to take the necessary measures to comply with a judgment by the Court which finds that it has failed to fulfil an obligation under the Treaty.

Two years have now elapsed since the Court's judgment in case C-13/00 and the Commission has received no information allowing it to consider that Ireland has finally ratified the Paris Act. It is therefore obliged to conclude that Ireland has not yet taken the measures necessary to comply with the Court's judgment in case C-13/00.

In accordance with Article 228(2) EC the Commission asks the Court to impose a penalty payment of EUR 3.600 on Ireland for each day's delay in implementing the Court's judgment in case C-13/00, beginning from the day on which the Court gives its judgment in the present case.

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(1)  ECR 2002, p. I - 513.

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