Case C-55/05: Action brought on 9 February 2005 by the Commission of the European Communities against the Republic of Finland
Date: 2005-04-02
Institutions: Court of Justice
Subjects: European Commission, Finland, International Maritime Organisation, action for failure to fulfil an obligation, committee (EU), international standard, maritime safety, pollution from ships, prevention of pollution

C 82/18

EN

Official Journal of the European Union

2.4.2005

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

— declare that the Portuguese Republic, by having exempted
all categories of establishments from the obligation to pay
remuneration to authors on public lending, has failed to
fulfil its obligations under Article 5,
in conjunction with
Article 1, of Council Directive 92/100/EEC (1) of 19
November 1992 on rental right and lending right and on
certain rights related to copyright in the field of intellectual
property;

1. declare that, by failing to bring into force the laws, regula-
tions and administrative provisions necessary to comply
with Directive 2002/84/EC of the European Parliament and
of the Council of 5 November 2002 amending the Direc-
tives on maritime safety and the prevention of pollution
from ships, (1) or at least by not communicating them to the
Commission, the Republic of Finland has failed to fulfil its
obligations under that directive;

2. order the Republic of Finland to pay the costs.

— order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The prescribed period for implementing the directive expired
on 23 November 2003.

Before the adoption of Directive 92/100, Portuguese law did
not recognise an author's right to remuneration on the lending
of a work in relation to which the distribution right was
exhausted. Currently Portuguese law recognises the right to
remuneration but, by exempting all categories of public-lending
establishments from the obligation to pay such remuneration,
for the purposes of Directive 92/100, it has rendered that right
ineffective and has failed to fulfil its obligations under Articles
1 and 5 of the directive.

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

(1) OJ L 324 of 29.11.2002, p. 53.

Action brought on 9 February 2005 by the Commission of
the European Communities against the French Republic

(Case C-57/05)

(2005/C 82/38)

Action brought on 9 February 2005 by the Commission of
the Republic of
the European Communities against

(Language of the case: French)

Finland

(Case C-55/05)

(2005/C 82/37)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 9 February
2005 by the Commission of the European Communities, repre-
sented by J.-P. Keppenne, acting as Agent, with an address for
service in Luxembourg.

(Language of the case: Finnish)

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

Justice of

An action against the Republic of Finland was brought before
the Court of
the European Communities on 9
February 2005 by the Commission of the European Commu-
nities, represented by M. Huttunen and K. Simonsson, acting as
Agents, with an address for service in Luxembourg.

1. declare that by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2002/46/EC of the European Parliament and of the
Council of 10 June 2002 on the approximation of the laws
of the Member States relating to food supplements (1) or, in
any event, by not informing the Commission thereof, the
French Republic has failed to fulfil its obligations under that
directive;

The Commission claims that the Court should:

2. order the French Republic to pay the costs.