Judgment — ECLI:EU:C:2008:316
Date: 2008-06-03
Language of the case: French
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: General provisions;Intellectual, industrial and commercial property
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: France

Judgment of the Court (Sixth Chamber) of 3 June 2008 – Commission v France (Case C‑507/07) Failure of a Member State to fulfil obligations – Regulation (EC) No 6/2002 –Industrial and commercial property – Community designs – Article 80(2) – Failure to communicate the list of courts and tribunals 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. 7) Re: Failure of a Member State to fulfil obligations – Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ 2002 L 3, p. 1) – Failure to communicate the list, referred to in Article 80(2) of the regulation, of Community design courts, indicating their names and their territorial jurisdiction. Operative part The Court: 1. Declares that, by not communicating to the Commission of the European Communities the list of Community design courts, the French Republic has failed to fulfil its obligations under Article 80(2) of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs; 2. Orders the French Republic to pay the costs.