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Case C-328/07: Judgment of the Court (Fifth Chamber) of 21 February 2008 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Directive 2004/48/EC — Enforcement of intellectual property rights — Failure to transpose within the prescribed period)
ECLI:EU:UNKNOWN:62007CA0328
62007CA0328
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12.4.2008
Official Journal of the European Union
C 92/9
(Case C-328/07)
(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 92/15)
Language of the case: French
Parties
Applicant: Commission of the European Communities (represented by: W. Wils, acting as Agent)
Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, acting as Agent)
Re:
Failure of a Member State to fulfil obligations — Failure to adopt 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:
1)Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative 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 Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;
2)Orders the Grand Duchy of Luxembourg to pay the costs.
* * *
(1) OJ C 211, 8.9.2007.