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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 and tribunals. # Case C-507/07.
ECLI:EU:C:2008:316
62007CJ0507
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(Case C‑507/07)
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 and tribunals
Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 7)
Re:
Failure of a Member State to fulfil obligations – Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ 2002 L 3, p. 1) – Failure to communicate the list, referred to in Article 80(2) of the regulation, of Community design courts, indicating their names and their territorial jurisdiction.
Operative part
The Court:
1.Declares that, 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.Orders the French Republic to pay the costs.