Case C-329/07: Action brought on 13 July 2007 — Commission of the European Communities v French Republic
Date: 2007-09-08
Institutions: Court of Justice
Subjects: European Commission, France, TRIPS, action for failure to fulfil an obligation, approximation of laws, industrial property, intellectual property, national implementing measure

8.9.2007

EN

Official Journal of the European Union

C 211/29

Action brought on 13 July 2007 — Commission of the
European Communities v French Republic

Parties to the main proceedings

Applicant: Régie Networks

(Case C-329/07)

(2007/C 211/54)

Defendant: Direction de Contrôle fiscal Rhône-Alpes Bourgogne

Language of the case: French

Question referred

Parties

Applicant: Commission of the European Communities (repre-
sented by: W. Wils, acting as Agent)

Defendant: French Republic

Form of order sought

— Declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2004/48/EC of the European Parliament and of the Council
intellectual
of 29 April 2004 on the enforcement of
property rights (1), or in any event by not communicating
them to the Commission, the French Republic has failed to
fulfil its obligations under that directive;

— order the French Republic to pay the costs.

Pleas in law and main arguments

The period for the transposition of Directive 2004/48/EC into
domestic law expired on 29 April 2006.

(1) OJ 2004 L 157, p. 45, and corrigendum OJ 2004 L 195, p. 16.

Reference for
a preliminary ruling from the Cour
Administrative d'appel de Lyon (France) lodged on 17 July
2007 — Régie Networks v Direction de Contrôle fiscal
Rhône-Alpes Bourgogne

(Case C-333/07)

(2007/C 211/55)

Language of the case: French

Referring court

Cour Administrative d'appel de Lyon (Administrative Appeal
Court, Lyon)

Is Commission Decision No 679/97 of 10 November 1997 by
which the Commission decided not to raise any objections to
the alterations made to the system of aid to radio broadcasting
introduced by Decree No 92-1053 (1) valid in respect of (1) the
statement of
the assessment made as to the
compatibility with the EC Treaty of the funding scheme for aid
to radio broadcasting which was established for the period
1998-2002 and (3) the ground relating to the lack of any
increase in the budgetary resources of the system of aid at issue?

reasons,

(2)

(1) Decree No 92-1053 of 30 September 1992 renewing a special tax
for the benefit of funds to support radio broadcasting, JORF No 228,
of 1 October 1992, and Decree No 97-1263 of 29 December 1997
creating a special tax for the benefit of funds to support radio broad-
casting, JORF No 302, of 30 September 1997, p. 191914.

Action brought on 19 July 2007 — Commission of the
European Communities v Grand Duchy of Luxembourg

(Case C-340/07)

(2007/C 211/56)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Rozet and M. van Beek, acting as Agents)

Defendant: Grand Duchy of Luxembourg

Form of order sought

The applicant claims that the Court should:

— declare that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Directive
2002/73/EC of the European Parliament and of the Council
of 23 September 2002 amending Council Directive
76/207/EEC on the implementation of the principle of equal
treatment for men and women as regards access to employ-
ment, vocational
training and promotion, and working
conditions (1) or, in any event, by not communicating them
to the Commission, the Grand Duchy of Luxembourg has
failed to fulfil its obligations under Article 2 of that direc-
tive;

— order the Grand Duchy of Luxembourg to pay the costs.