CELEX: C2003/019/41
Language: en
Date: 2003-01-25 00:00:00
Title: Case C-436/02: Action brought on 2 December 2002 by the Commission of the European Communities against Ireland

C 19/24                 EN                   Official Journal of the European Communities                                          25.1.2003
The Commission of the European Communities claims that                         during the years 1999 and 2000, Ireland has failed to
the Court should:                                                              fulfil its obligations under Article 5 (1) of Directive 95/
                                                                               21/EC of 19 June 1995 on port State control of
—     Declare that, by failing to apply the provisions on the                  shipping (1);
      public lending right set out in Directive 92/100/EEC of
      19 November 1992 on rental right and lending right and            2)     order Ireland to pay the costs.
      on certain rights related to copyright in the field of
      intellectual property, (1) the Kingdom of Belgium has
      failed to fulfil its obligations under Articles 1 and 5 of
      that Directive;
                                                                        Pleas in law and main arguments
—     Order the Kingdom of Belgium to pay the costs of the
      proceedings.
                                                                        Article 5(1) of Directive 95/21/EC, in its wording at the
                                                                        material time, imposes an obligation on each Member State to
                                                                        inspect at least 25 % of the number of individual foreign ships
Pleas in law and main arguments                                         which enter its ports in a given year. It is clear from the facts
                                                                        that Ireland failed to fulfil this obligation for the years
                                                                        1999 and 2000 because in those years it inspected 7,5 % and
Although Belgium has provided for a right to remuneration
                                                                        14,6 % respectively of the number of ships that entered its
for authors in those cases in which the latter cannot prohibit
                                                                        ports.
lending, none of the implementing measures provided for by
Article 63 of the Law of 30 June 1994 on copyright
and related rights has been adopted and the amount of
remuneration has therefore never been fixed.                            (1 ) Council Directive 95/21/EC of 19 June 1995 concerning the
                                                                             enforcement, in respect of shipping using Community ports and
                                                                             sailing in the waters under the jurisdiction of the Member States,
The Belgian authorities err in invoking difficulties in dis-                 of international standards for ship safety, pollution prevention
                                                                             and shipboard living and working conditions (port State control)
tinguishing the categories of establishments which may be                    (OJ L 157, 07.07.1995, p. 1).
exempted under Article 5(3) of the Directive. If the circum-
stances prevailing in the Member State in question do not
make it possible to draw a valid distinction between categories
of establishments, the solution must lie in imposing the
obligation to pay the remuneration in question on all of the
establishments concerned.
( 1) OJ 1992 L 346 of 27.11.1992, p. 61.
                                                                        Action brought on 4 December 2002 by the Commission
                                                                        of the European Communities against the French Republic
                                                                                                   (Case C-439/02)
Action brought on 2 December 2002 by the Commission                                                 (2003/C 19/42)
        of the European Communities against Ireland
                          (Case C-436/02)
                                                                        An action against the French Republic was brought before the
                           (2003/C 19/41)                               Court of Justice of the European Communities on 4 December
                                                                        2002 by the Commission of the European Communities,
                                                                        represented by K. Simonsson and W. Wils, acting as Agents.
An action against Ireland was brought before the Court of
Justice of the European Communities on 2 December 2002 by               The applicant claims that the Court should:
the Commission of the European Communities, represented
by Knut Simonsson, acting as agent, with an address for service
                                                                        1.     Declare that, by failing to carry out a number of annual
in Luxembourg.                                                                 inspections corresponding to at least 25 % of the number
                                                                               of individual vessels entering its ports in 1999 and 2000,
The Applicant claims that the Court should:                                    the French Republic has failed to fulfil its obligations
                                                                               under Council Directive 95/21/EC of 19 June 1995
1)    declare that, by failing to carry out an annual total                    concerning port State control (1);
      number of inspections corresponding to at least 25 % of
      the number of individual ships which entered its ports            2.     Order the French Republic to pay the costs.