Five EU Member States Face ECJ Action Over IP Rights Directive

by Ulrika Lomas, for LawAndTax-News.com, Brussels

29 June 2007

The European Commission announced on Wednesday that it has decided to pursue infringement procedures against France, Germany, Luxembourg, Portugal and Sweden over their failure to implement a Directive on the enforcement of intellectual property rights.

The five member states in question are now facing action at the European Court of Justice (ECJ).

According to the EC, the countries have failed to communicate national measures implementing Directive 2004/48/EC on the enforcement of intellectual property rights, although the deadline for implementation expired on 29 April 2006.

Reasoned opinions were sent to the Member States in October 2006, but no national implementing measures have yet been communicated to the Commission.

Speaking last October, Internal Market and Services Commissioner Charlie McCreevy warned:

“Member States need to get their implementation efforts back on track. By not putting these laws on national statute books they are effectively denying citizens and businesses across Europe the full benefit of the single market and of measures their governments have themselves agreed. The Commission will do all it can to help Member States implement laws on time, but will continue to take remedial action where necessary.”

Recommended