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19.7.2008 |
EN |
Official Journal of the European Union |
C 183/5 |
Judgment of the Court (Eighth Chamber) of 5 June 2008 — Commission of the European Communities v Federal Republic of Germany
(Case C-395/07) (1)
(Failure of a Member State to fulfil obligations - Directive 2004/48/EC - Enforcement of intellectual property rights - Failure to transpose within the prescribed period)
(2008/C 183/08)
Language of the case: German
Parties
Applicant: Commission of the European Communities (represented by: W. Wils and H. Krämer, acting as Agents)
Defendant: Federal Republic of Germany (represented by: M. Lumma, Agent)
Re:
Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, all 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:
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1. |
Declares that, by failing to adopt, within the period prescribed, all 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, the Federal Republic of Germany has failed to fulfil its obligations under that directive; |
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2. |
Orders the Federal Republic of Germany to pay the costs. |