Case C-507/07: Judgment of the Court (Sixth Chamber) of 3 June 2008 — Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Regulation (EC) No 6/2002 — Industrial and commercial property — Community designs — Article 80(2) — Failure to communicate the list of courts)
Date: 2008-06-03
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, designs and models, exchange of information, jurisdiction, ordinary court of law

C 183/6

EN

Official Journal of the European Union

19.7.2008

Judgment of the Court (Sixth Chamber) of 3 June 2008 —
the European Communities v French
Commission of

Request for an opinion submitted by the Commission of
the European Communities pursuant to Article 300(6) EC

Republic

(Case C-507/07) (1)

(Failure of a Member State to fulfil obligations — Regulation
(EC) No 6/2002 — Industrial and commercial property —
Community designs — Article 80(2) — Failure to communi-
cate the list of courts)

(Opinion 1/08)

(2008/C 183/10)

Language of the case: all the official languages

(2008/C 183/09)

Applicant:

Language of the case: French

Commission of the European Communities (represented by: E.
White, M. Huttunen and L. Prete, Agents)

Parties

Applicant: Commission of the European Communities (repre-
sented by: H. Krämer, Agent)

Defendant: French Republic (represented by: G. de Bergues and
A. Hare, Agents)

Re:

Failure of a Member State to fulfil obligations — Council Regu-
lation (EC) No 6/2002 of 12 December 2001 on Community
designs (OJ 2002 L 3, p. 1) — Failure to communicate the list,
provided for in Article 80(2) of the regulation referred to above,
of Community design courts, indicating their names and their
territorial jurisdiction.

Operative part of the judgment

1. By not

communicating to the Commission of

the European
Communities the list of Community design courts,
the French
Republic has failed to fulfil its obligations under Article 80(2) of
Council Regulation (EC) No 6/2002 of 12 December 2001 on
Community designs;

2. The French Republic is ordered to pay the costs.

(1) OJ C 8, 12.1.2008.

Questions submitted to the Court:

1. Does the conclusion of the agreements with the affected
WTO [World Trade Organisation] members, pursuant
to
Article XXI of the GATS [General Agreement on Trade in
Services], as described in this request for an Opinion, fall
within the sphere of exclusive competence of
the Com-
munity or within the sphere of shared competence of the
Community and the Member States?

2. Do Article 133(1) and (5), in conjunction with Article 300(2)
of the EC Treaty, constitute the appropriate legal basis for
the act concluding, on behalf of the European Community,
or of the Community and its Member States, the aforemen-
tioned agreements?

Order of the Court of 14 May 2008 (reference for a preli-
minary ruling from the Cour d'appel de Bruxelles
(Belgium)) — Tiercé Ladbroke SA (C-231/07) and Derby
SA (C-232/07) v Belgian State

(Joined Cases C-231/07 and C-232/07) (1)

(Rules of Procedure — First subparagraph of Article 104(3)
— Sixth VAT Directive — Article 13(B)(d)(3) — Exemptions
— Concepts of ‘deposit accounts’ and of ‘payments’ —
Refusal of exemption)

(2008/C 183/11)

Language of the case: French

Referring court

Cour d'appel de Bruxelles (Belgium)