Opinion of the Advocate General — ECLI:EU:C:2001:643
Date: 2001-11-27
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: External relations;Intellectual, industrial and commercial property
Procedure: Action for failure to fulfil obligations - successful;Application to intervene - inadmissible
Origin: Ireland

Summary of the Judgment 
1. Procedure — Intervention — Plea of inadmissibility not raised by the defendant — 
Not admissible 
(EC Statute of the Court of Justice, Art. 37) 
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SUMMARY — CASE C-13/00 
2. Actions for failure to fulfil obligations — Commission's right to bring proceedings — 
Action for a declaration that a mixed agreement concluded by the Commission and the 
Member States has not been complied with •—• Berne Convention for the Protection of 
Literary and Artistic Works — Area falling within Community competence 
(EC Treaty, Art. 228(7) (now, after amendment, Art. 300(7) EC); Protocol 28 to the 
EEA Agreement, Art. 5) 
3. Actions for failure to fulfil obligations — Examination of the merits by the Court •— 
Situation to be taken into consideration —· Situation at the end of the period laid down 
in the reasoned opinion 
(Art. 226 EC) 
1. Under Article 37 of the Statute of the 
Court of Justice, an application to 
intervene must be limited to supporting 
the form of order sought by one of the 
parties. An intervener therefore has no 
standing to raise a plea of inadmis­
sibility not set out in the form of order 
sought by the defendant. 
(see paras 3, 5) 
2. The requirement of adherence to the 
Berne Convention for the Protection of 
Literary and Artistic Works (Paris Act 
of 24 July 1971) which Article 5 of 
Protocol 28 to the Agreement on the 
European Economic Area imposes on 
the Contracting Parties comes within 
the Community framework in view of 
the fact that it features in an agreement 
concluded, pursuant to Article 228 of 
the Treaty (now, after amendment, 
Article 300 EC) by the Community, 
its Member States and non-member 
countries and relates to an area covered 
in large measure by the Treaty. The 
Commission is thus competent to 
assess compliance with that require­
ment, subject to review by the Court. 
Mixed agreements concluded by the 
Community, its Member States and 
non-member countries have the same 
status in the Community legal order as 
purely Community agreements, as 
these are provisions coming within the 
scope of Community competence. It 
follows that, in ensuring respect for 
commitments arising from an agree­
ment concluded by the Community 
institutions, the Member States fulfil, 
within the Community system, an 
obligation in relation to the Commu­
nity, which has assumed responsibility 
for the due performance of the agree­
ment. The Berne Convention creates 
rights and obligations in areas covered 
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COMMISSION v IRELAND 
by Community law, with the result that 
there is a Community interest in ensur­
ing that all Contracting Parties to the 
Agreement on the European Economic 
Area adhere to that Convention. 
(see paras 14-15, 19-20) 
3. Within the context of an action 
brought under Article 226 EC, the 
question whether there has been a 
failure to fulfil obligations must be 
determined by reference to the situ­
ation prevailing in the Member State at 
the end of the period laid down in the 
reasoned opinion. 
(see para. 21) 
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