CELEX: C2003/289/19
Language: en
Date: 2003-11-29 00:00:00
Title: Judgment of the Court (Third Chamber) of 16 October 2003 in Case C-29/03: Commission of the European Communities v Instituto Tecnológico para a Europa Comunitária (ITEC) (Arbitration clause — Non-performance of contract — Recovery of moneys advanced — Procedure in default)

C 289/10                EN                           Official Journal of the European Union                                            29.11.2003
1.   Declares that, by failing to adopt all the laws, regulations and        2.   Orders the Kingdom of Belgium to pay the costs.
     administrative provisions necessary to comply with Council
     Directive 1999/31/EC of 26 April 1999 on the landfill of
     waste, the United Kingdom of Great Britain and Northern                 (1) OJ C 19 of 25.1.2003.
     Ireland has failed to fulfil its obligations under Article 18 of
     the Directive;
2.   Orders the United Kingdom of Great Britain and Northern
     Ireland to pay the costs.
(1) OJ C 19 of 25.1.2003.                                                                     JUDGMENT OF THE COURT
                                                                                                       (Third Chamber)
                                                                                                     of 16 October 2003
                 JUDGMENT OF THE COURT                                       in Case C-29/03: Commission of the European Communi-
                                                                             ties v Instituto Tecnológico para a Europa Comunitária
                         (Sixth Chamber)                                                                   (ITEC) (1)
                       of 16 October 2003                                    (Arbitration clause — Non-performance of contract —
                                                                                 Recovery of moneys advanced — Procedure in default)
in Case C-433/02: Commission of the European Communi-
                 ties v Kingdom of Belgium (1)                                                          (2003/C 289/19)
(Failure by a Member State to fulfil its obligations —                                         (Language of the case: Portuguese)
Directive 92/100/EEC — Copyright — Remuneration of
authors in the event of public lending of their literary or
                                                                             (Provisional translation; the definitive translation will be published
                           artistic works)
                                                                                                 in the European Court Reports)
                         (2003/C 289/18)
                    (Language of the case: French)                           In Case C-29/03, Commission of the European Communities
                                                                             (Agents: G. Braga da Cruz and C. Giolito) v Instituto Tecnoló-
                                                                             gico para a Europa Comunitária (ITEC), a private establishment
(Provisional translation; the definitive translation will be published       established in Lisbon (Portugal): Application by the Com-
                   in the European Court Reports)                            mission under Article 238 EC to recover EUR 62 236,65
                                                                             advanced by it to the defendant in relation to performance of
                                                                             Contract No IN10278I 20364/0, together with default interest,
In Case C-433/02, Commission of the European Communities                     the Court (Third Chamber), composed of: J.-P. Puissochet,
(Agent: K. Banks) v Kingdom of Belgium (Agent: A. Snoecx):                   President of the Chamber, F. Macken and J.N. Cunha Rodrigues
Application for a declaration that, by failing to apply the                  (Rapporteur), Judges; S. Alber, Advocate General; R. Grass,
provisions on the public lending right provided for in Council               Registrar, has given a judgment on 16 October 2003, in which
Directive 92/100/EEC of 19 November 1992 on rental right                     it:
and lending right and on certain rights related to copyright in
the field of intellectual property (OJ 1992 L 346, p. 61), the               1.   Orders Instituto Tecnológico para a Europa Comunitária (ITEC)
Kingdom of Belgium has failed to fulfil its obligations under                     to repay to the Commission of the European Communities the
Articles 1 and 5 of that directive, the Court (Sixth Chamber),                    sum of EUR 62 236,65, together with default interest at the
composed of: J.-P. Puissochet, President of the Chamber,                          rate prescribed by Portuguese law, calculated in accordance with
R. Schintgen, C. Gulmann (Rapporteur), V. Skouris and                             the provisions of Portaria No 263/99 of 12 April 1999 until
J.N. Cunha Rodrigues, Judges; P. Léger, Advocate General;                         30 April 2003 and Portaria No 291/2003 of 8 April 2003
R. Grass, for the Registrar, has given a judgment on 16 October                   as from 1 May 2003, until the debt is paid in full;
2003, in which it:
                                                                             2.   Orders Instituto Tecnológico para a Europa Comunitária (ITEC)
1.   Declares that, by failing to apply the provisions on the public              to pay the costs.
     lending right provided for in Council Directive 92/100/EEC of
     19 November 1992 on rental right and lending right and on
     certain rights related to copyright in the field of intellectual        (1) OJ C 70 of 22.3.2003.
     property, the Kingdom of Belgium has failed to fulfil its
     obligations under Articles 1 and 5 of that directive;