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Case C-211/23: Judgment of the Court (Tenth Chamber) of 8 May 2025 –Commission v Portugal (Directive on copyright in the Digital Single Market) (Failure of a Member State to fulfil obligations – Article 258 TFEU – Digital Single Market – Copyright and related rights – Directive (EU) 2019/790 – Failure to transpose and notify the transposition measures – Article 260(3) TFEU – Financial penalties – Application for the imposition of a lump sum and a penalty payment – Discontinuance in part)
ECLI:EU:UNKNOWN:62023CA0211
62023CA0211
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Official Journal of the European Union
C series
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C/2025/3372
30.6.2025
(Case C-211/23)
(Failure of a Member State to fulfil obligations - Article 258 TFEU - Digital Single Market - Copyright and related rights - Directive (EU) 2019/790 - Failure to transpose and notify the transposition measures - Article 260(3) TFEU - Financial penalties - Application for the imposition of a lump sum and a penalty payment - Discontinuance in part)
(C/2025/3372)
Language of the case: Portuguese
Parties
Applicant: European Commission (represented by: I. Melo Sampaio and J. Samnadda, acting as Agents)
Defendant: Republic of Portugal (represented by: C. Alves, P. Barros da Costa, M. Cruz and M. Machado, acting as Agents)
Operative part of the judgment
The Court:
Declares that, by failing to adopt, by the expiry of the period laid down in the reasoned opinion of the European Commission of 19 May 2022, the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC, and consequently, by failing to notify those provisions to the Commission, the Republic of Portugal failed to fulfil its obligations under Article 29 of that directive.
Orders the Republic of Portugal to pay to the European Commission a lump sum of EUR 2 500 000.
Orders the Republic of Portugal to bear its own costs and to pay those of the European Commission.
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(1)
OJ C 179, 22.5.2023.
ELI: http://data.europa.eu/eli/C/2025/3372/oj
ISSN 1977-091X (electronic edition)
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