Case C-341/07: Judgment of the Court (Sixth Chamber) of 15 May 2008 — Commission of the European Communities v Kingdom of Sweden (Failure of a Member State to fulfil its obligations — Enforcement of intellectual property rights — Failure to transpose within the prescribed time-limit)
Date: 2008-05-15
Institutions: Court of Justice
Subjects: European Commission, Sweden, TRIPS, action for failure to fulfil an obligation, approximation of laws, industrial property, intellectual property, national implementing measure

5.7.2008

EN

Official Journal of the European Union

C 171/11

Judgment of the Court (Sixth Chamber) of 15 May 2008 —
Commission of the European Communities v Kingdom of
Sweden

Order of the Court (Seventh Chamber) of 10 April 2008
(reference for a preliminary ruling from the Tribunale
Amministrativo Regionale per la Lombardia (Italy)) —
Termoraggi SpA v Comune di Monza

(Case C-341/07) (1)

(Case C-323/07) (1)

(Failure of a Member State to fulfil its obligations — Enforce-
ment of intellectual property rights — Failure to transpose
within the prescribed time-limit)

(Public procurement — Public service and public supply
contracts — Award without call for tenders — Award by a
local authority to an undertaking whose capital it controls)

(2008/C 171/18)

Language of the case: Swedish

(2008/C 171/19)

Language of the case: Italian

Parties

Referring court

Applicant: Commission of the European Communities (repre-
sented by: W. Wils and P. Dejmek, Agents)

Tribunale Amministrativo Regionale per la Lombardia

Defendant: Kingdom of Sweden (represented by: A. Kruse,
Agent)

Parties

Re:

Failure of a Member State to fulfil its obligations — Failure to
have adopted the provisions necessary to comply with Directive
2004/48/EC of the European Parliament and of the Council of
29 April 2004 on the enforcement of
intellectual property
rights (OJ 2004 L 157, p. 45 and — corrigendum — OJ 2004
L 195, p. 16)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt, within the prescribed time-limit,
all the laws, regulations and administrative provisions necessary 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, the Kingdom of Sweden has failed to fulfil
its obligations under that directive.

2. Orders the Kingdom of Sweden to bear the costs.

(1) OJ C 211, 8.9.2007.

Applicant: Termoraggi SpA

Defendant: Comune di Monza

Intervener: Acqua Gas Azienda Municipale (AGAM)

Re:

Reference for a preliminary ruling — Tribunale Amministrativo
Regionale per la Lombardia — Interpretation of Article 6 of
Council Directive 92/50/EEC of 18 June 1992 relating to the
coordination of procedures for the award of public service
contracts (OJ 1992 L 209, p. 1) — Scope — National provi-
sions attributing, outside of the procedures for the award of
public works contracts laid down in the directive, the manage-
ment of heating installations of certain buildings in a commune
to a municipal undertaking

Operative part of the order

Council Directive 92/50/EEC of 18 June 1992 relating to the coordi-
nation of procedures for the award of public service contracts and
Council Directive 93/36/EEC of 14 June 1993 coordinating proce-
dures for the award of public supply contracts do not apply to a
contract concluded between a local authority and a person legally
distinct from it, where the local authority exercises over the person
concerned a control which is similar to that which it exercises over its
own departments and, at the same time, that person carries out the
essential part of its activities with the controlling local authority or
authorities.