The European Commission has decided, under Article 228 of the EC Treaty, to send a letter of formal notice to Luxembourg requesting full information on its compliance with the judgment of the Court on implementation of the Directive on enforcement of intellectual property rights.
On February 21, 2008, the European Court of Justice (ECJ) delivered a judgment against Luxembourg for having not implemented Directive 2004/48/EC on enforcement of intellectual property rights in due time.
The deadline for transposition of the Directive was April 29, 2006.
In July 2008, the Commission asked the Luxembourg authorities for a final timetable for transposition. As the Commission has not received complete information about the measures taken by Luxembourg to comply with the judgment, it takes the view that Luxembourg has failed to fulfil its obligations under article 228 of the Treaty.
Therefore, the Commission has decided to send a letter of formal notice to Luxembourg.
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