Brussels, 27 June 2007
Community design courts – France and Luxembourg
The Commission has decided to refer France and Luxembourg to the European Court of Justice following their failure to comply with Council Regulation 6/2002 on Community Designs.
According to this Regulation, Member States have to designate in their territories the national courts and tribunals of first and second instance (Community design courts) which are to perform the functions assigned to them by that Regulation. The deadline for communicating to the Commission the respective list of Community design courts expired already on 6 March 2005.
Ireland, Spain and United Kingdom – Directive on rental and lending rights
The Commission has decided, under Article 228 of the EC Treaty, to send a reasoned opinion to Spain and a letter of formal notice to Ireland concerning those Member States' execution of European Court of Justice judgements relating to their implementation of Articles 1 and 5 of Directive 92/100/EEC on rental and lending rights (today codified in Directive 2006/115/EC). This Directive stipulates that authors must obtain remuneration when their works are used for public lending in a library and that certain, but not all, categories of establishments may be exempted from the payment of this remuneration.
The Commission has also decided, under Article 226 of the EC Treaty, to send a reasoned opinion to the United Kingdom concerning certain limitations provided for in Section 67 of the Copyright, Design and Patents Act 1988, which would not fulfil the conditions requested in the Directive on rental and lending rights. This Directive authorises limitations to the right of communication to the public (Article 8(2)) under certain strict conditions (Article 10).
The latest information on infringement proceedings concerning all Member States can be found at: