Case C-165/04: Actionbrought on 1 April 2004 by the Commission of theEuropean Communities against Ireland.
Date: 2004-04-30
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, enforcement of ruling, judgment of the Court (EU), literary and artistic property

30.4.2004

EN

Official Journal of the European Union

C 106/51

Action brought on 31 March 2004 by the Commission of
the European Communities against the United Kingdom of
Great Britain and Northern Ireland.

The Applicant claims that the Court should:

(Case C-164/04)

(2004/C 106/87)

— 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;

An action against the United Kingdom of Great Britain and
Northern Ireland was brought before the Court of Justice of the
European Communities on 31 March 2004 by the Commission
of the European Communities, represented by E. Traversa and
M. Shotter, acting as agents, with an address for service in
Luxembourg.

— 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 judg-
ment in the present proceedings until the judgment in case
C-13/00 has been complied with;

The Applicant claims that the Court should:

— order Ireland to pay the costs.

— declare that by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2001/17/EC of the European Parliament and of the
Council of 19 March 2001 on the reorganisation and
winding-up of insurance undertakings (1) or, in any event,
by failing to notify such provisions to the Commission, the
the United Kingdom of Great Britain and Northern Ireland
has failed to fulfil its obligations under Article 31 of this
Directive;

— order the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

Pleas in law and main arguments:

The period within which the directive had to be transposed
expired on 20 April 2003.

(1) OJ L 110, 20.04.2001, p. 28.

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

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 conjunc-
tion 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 judg-
ment in case C-13/00.

(Case C-165/04)

(2004/C 106/88)

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.

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 Luxem-
bourg.

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