Case C-436/02: Action brought on 2 December 2002 by the Commission of the European Communities against Ireland
Date: 2003-01-25
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, harbour installation, international standard, maritime transport, prevention of pollution, transport safety, working conditions

C 19/24

EN

Official Journal of the European Communities

25.1.2003

The Commission of the European Communities claims that
the Court should:

— Declare that, by failing to apply the provisions on the
public lending right set out in Directive 92/100/EEC of
19 November 1992 on rental right and lending right and
on certain rights related to copyright in the field of
intellectual property, (1) the Kingdom of Belgium has
failed to fulfil its obligations under Articles 1 and 5 of
that Directive;

— Order the Kingdom of Belgium to pay the costs of the

proceedings.

Pleas in law and main arguments

Although Belgium has provided for a right to remuneration
for authors in those cases in which the latter cannot prohibit
lending, none of the implementing measures provided for by
Article 63 of
the Law of 30 June 1994 on copyright
and related rights has been adopted and the amount of
remuneration has therefore never been fixed.

The Belgian authorities err in invoking difficulties in dis-
tinguishing the categories of establishments which may be
exempted under Article 5(3) of the Directive. If the circum-
stances prevailing in the Member State in question do not
make it possible to draw a valid distinction between categories
of establishments, the solution must
lie in imposing the
obligation to pay the remuneration in question on all of the
establishments concerned.

( 1) OJ 1992 L 346 of 27.11.1992, p. 61.

Action brought on 2 December 2002 by the Commission
of the European Communities against Ireland

(Case C-436/02)

(2003/C 19/41)

An action against Ireland was brought before the Court of
Justice of the European Communities on 2 December 2002 by
the Commission of the European Communities, represented
by Knut Simonsson, acting as agent, with an address for service
in Luxembourg.

The Applicant claims that the Court should:

1)

declare that, by failing to carry out an annual total
number of inspections corresponding to at least 25 % of
the number of individual ships which entered its ports

during the years 1999 and 2000, Ireland has failed to
fulfil its obligations under Article 5 (1) of Directive 95/
21/EC of 19 June 1995 on port State control of
shipping (1);

2)

order Ireland to pay the costs.

Pleas in law and main arguments

Article 5(1) of Directive 95/21/EC,
in its wording at the
material time, imposes an obligation on each Member State to
inspect at least 25 % of the number of individual foreign ships
which enter its ports in a given year. It is clear from the facts
that
this obligation for the years
1999 and 2000 because in those years it inspected 7,5 % and
14,6 % respectively of the number of ships that entered its
ports.

Ireland failed to fulfil

(1) Council Directive 95/21/EC of 19 June 1995 concerning the
enforcement, in respect of shipping using Community ports and
sailing in the waters under the jurisdiction of the Member States,
of international standards for ship safety, pollution prevention
and shipboard living and working conditions (port State control)
(OJ L 157, 07.07.1995, p. 1).

Action brought on 4 December 2002 by the Commission
of the European Communities against the French Republic

(Case C-439/02)

(2003/C 19/42)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 4 December
2002 by the Commission of the European Communities,
represented by K. Simonsson and W. Wils, acting as Agents.

The applicant claims that the Court should:

1. Declare that, by failing to carry out a number of annual
inspections corresponding to at least 25 % of the number
of individual vessels entering its ports in 1999 and 2000,
the French Republic has failed to fulfil its obligations
under Council Directive 95/21/EC of 19 June 1995
concerning port State control (1);

2. Order the French Republic to pay the costs.