Case C-395/07: Action brought on 23 August 2007 — Commission of the European Communities v Federal Republic of Germany
Date: 2007-10-20
Institutions: Court of Justice
Subjects: European Commission, Germany, TRIPS, action for failure to fulfil an obligation, approximation of laws, industrial property, intellectual property, national implementing measure

20.10.2007

EN

Official Journal of the European Union

C 247/19

By its second ground, the Italian Government alleges infringe-
ment of rules of law by reference to Article 2 of the Statute for
Members of
the European Parliament adopted by Decision
2005/684/EC, Euratom of 28 September 2005 (2). Those provi-
sions will
in fact enter into force with effect from the 2009
legislative period and in any event concern only sitting
Members and are therefore irrelevant for the purposes of asses-
sing the decision of an unelected candidate not to replace an
elected candidate who has ceased to hold office.

govern only

By its third ground, the Italian Government alleges infringement
of rules of law by reference to Article 199 EC and Rules 3 and
4 of the Rules of Procedure of the European Parliament. Those
provisions
the
Parliament, inter alia, when verifying credentials and the power
cannot therefore be inferred from those provisions to examine
the lawfulness of national electoral procedures, not even with
regard to the replacement of elected candidates who have ceased
to hold office with unelected candidates.

internal procedures of

the

By its fourth ground, the Italian Government alleges infringe-
ment of rules of law by reference to Article 6 EU and Articles 10
and 230 EC. The European Parliament did not have the power
to disapply the judgment of the Italian Consiglio di Stato, which
is final and conclusive and which established that the election of
if
Mr Donnici was lawful. The European Parliament should,
necessary, have challenged that judgment by initiating third-
party proceedings.
the
European Parliament is contrary to the general principle of res
judicata, which is common to all the Member States.

the decision of

In any

event,

Defendant: Federal Republic of Germany

Form of order sought

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary fully to comply with
Directive 2004/48/EC of the European Parliament and of
the Council of 29 April 2004 on the enforcement of intel-
lectual property rights (1), or to notify the Commission of
any such provisions, the Federal Republic of Germany has
failed to fulfil its obligations under that directive;

— order the Federal Republic of Germany to pay the costs.

Pleas in law and main arguments

The period for transposition of the directive expired on 29 April
2006.

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

By its fifth ground, the Italian Government claims that the
contested decision failed to give adequate reasons. Indeed, that
decision does not state the relevant facts on the basis of which
the Parliament concluded that Mr Occhetto's decision not to
replace Mr Di Pietro was not freely made.

(1) OJ 2002 L 283, p. 1.
(2) OJ 2005 L 262, p. 1.

Action brought on 28 August 2007 — Commission of the
European Communities v Portuguese Republic

(Case C-399/07)

(2007/C 247/25)

Language of the case: Portuguese

Action brought on 23 August 2007 — Commission of the
European Communities v Federal Republic of Germany

Applicant: Commission of the European Communities (repre-
sented by: A. Szmytkowska and M. Telles Romão, Agents)

Parties

(Case C-395/07)

(2007/C 247/24)

Language of the case: German

Parties

Defendant: Portuguese Republic

Form of order sought

— declare that, by failing to bring into force the laws, regula-
tions and administrative provisions necessary to comply
with Commission Directive 2005/6/EC (1) of 26 January
2005 amending Directive 71/250/EEC as regards reporting
and interpretation of analytical results required under Direc-
tive 2002/32/EC or, in any case, by failing to communicate
them to the Commission, the Portuguese Republic has failed
to fulfil its obligations under that directive;

Applicant: Commission of the European Communities (repre-
sented by: W. Wils and H. Kraemer, acting as Agents)

— order the Portuguese Republic to pay the costs.