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Document 62007CJ0032

Judgment of the Court (Fifth Chamber) of 31 January 2008.
Commission of the European Communities v Kingdom of Spain.
Failure of a Member State to fulfil obligations - Directive 2001/84/EC - Copyright - Resale right for the benefit of the author of an original work of art.
Case C-32/07.

European Court Reports 2008 I-00017*

ECLI identifier: ECLI:EU:C:2008:64

Date of document:
31/01/2008
Date lodged:
29/01/2007
Author:
Sud
Country or organisation from which the request originates:
Španjolska
Form:
Presuda
Authentic language:
španjolski
Type of procedure:
Tužba radi utvrđivanja povrede obveze
Defendant:
Španjolska
Judge-Rapporteur:
Tizzano
Advocate General:
Poiares Maduro
Treaty:
Ugovor o osnivanju Europske ekonomske zajednice
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Judgment of the Court (Fifth Chamber) of 31 January 2008 – Commission v Spain

(Case C‑32/07)

Failure of a Member State to fulfil obligations – Directive 2001/84/EC – Copyright – Resale right for the benefit of the author of an original work of art

Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 10)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt within the prescribed period all the measures necessary to comply with Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art (OJ 2001 L 272, p 32).

Operative part

The Court:

1.

Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art, the Kingdom of Spain has failed to fulfil its obligations under that directive;

2.

Orders the Kingdom of Spain to pay the costs.

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