Judgment of the Court (Sixth Chamber) of 16 October 2003 in Case C-433/02: Commission of the European Communities v Kingdom of Belgium (Failure by a Member State to fulfil its obligations — Directive 92/100/EEC — Copyright — Remuneration of authors in the event of public lending of their literary or artistic works)
Date: 2003-11-29
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, copyright, heritage protection, intellectual property

C 289/10

EN

Official Journal of the European Union

29.11.2003

1. Declares that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Council
Directive 1999/31/EC of 26 April 1999 on the landfill of
waste, the United Kingdom of Great Britain and Northern
Ireland has failed to fulfil its obligations under Article 18 of
the Directive;

2. Orders the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

2. Orders the Kingdom of Belgium to pay the costs.

(1) OJ C 19 of 25.1.2003.

(1) OJ C 19 of 25.1.2003.

JUDGMENT OF THE COURT

(Third Chamber)

of 16 October 2003

JUDGMENT OF THE COURT

(Sixth Chamber)

of 16 October 2003

in Case C-29/03: Commission of the European Communi-
ties v Instituto Tecnológico para a Europa Comunitária
(ITEC) (1)

(Arbitration clause — Non-performance of contract —
Recovery of moneys advanced — Procedure in default)

in Case C-433/02: Commission of the European Communi-
ties v Kingdom of Belgium (1)

(Failure by a Member State to fulfil
its obligations —
Directive 92/100/EEC — Copyright — Remuneration of
authors in the event of public lending of their literary or
artistic works)

(2003/C 289/18)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-433/02, Commission of the European Communities
(Agent: K. Banks) v Kingdom of Belgium (Agent: A. Snoecx):
Application for a declaration that, by failing to apply the
provisions on the public lending right provided for in Council
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 (OJ 1992 L 346, p. 61), the
Kingdom of Belgium has failed to fulfil its obligations under
Articles 1 and 5 of that directive, the Court (Sixth Chamber),
J.-P. Puissochet, President of the Chamber,
composed of:
R. Schintgen, C. Gulmann (Rapporteur), V. Skouris and
J.N. Cunha Rodrigues, Judges; P. Léger, Advocate General;
R. Grass, for the Registrar, has given a judgment on 16 October
2003, in which it:

1. Declares that, by failing to apply the provisions on the public
lending right provided for in Council 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,
its
obligations under Articles 1 and 5 of that directive;

the Kingdom of Belgium has failed to fulfil

(2003/C 289/19)

(Language of the case: Portuguese)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-29/03, Commission of the European Communities
(Agents: G. Braga da Cruz and C. Giolito) v Instituto Tecnoló-
gico para a Europa Comunitária (ITEC), a private establishment
established in Lisbon (Portugal): Application by the Com-
mission under Article 238 EC to recover EUR 62 236,65
advanced by it to the defendant in relation to performance of
Contract No IN10278I 20364/0, together with default interest,
the Court (Third Chamber), composed of: J.-P. Puissochet,
President of the Chamber, F. Macken and J.N. Cunha Rodrigues
(Rapporteur), Judges; S. Alber, Advocate General; R. Grass,
Registrar, has given a judgment on 16 October 2003, in which
it:

1. Orders Instituto Tecnológico para a Europa Comunitária (ITEC)
to repay to the Commission of the European Communities the
sum of EUR 62 236,65, together with default interest at the
rate prescribed by Portuguese law, calculated in accordance with
the provisions of Portaria No 263/99 of 12 April 1999 until
30 April 2003 and Portaria No 291/2003 of 8 April 2003
as from 1 May 2003, until the debt is paid in full;

2. Orders Instituto Tecnológico para a Europa Comunitária (ITEC)

to pay the costs.

(1) OJ C 70 of 22.3.2003.