Interne Markt: De Commissie verzoekt Luxemburg om de vonnissen van het Hof na te leven (en)
The European Commission has decided, under Article 228 of the EC Treaty, to send a reasoned opinion to Luxembourg requesting it to comply immediately with the judgment of the European Court of Justice on implementation of a public procurement Directive. The Commission has also 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.
Public procurement
In the absence of satisfactory response to the letter of formal notice addressed to the Luxembourg authorities on 1 December 2008, the Commission has decided, under Article 228 of the EC Treaty, to send a reasoned opinion to Luxembourg requesting it to comply immediately with the judgment of the European Court of Justice in the case C-272/07. The Court stated in this judgment that Luxembourg had not transposed public procurement Directive 2004/18/EC, and, by doing so, had failed to comply with its obligations under EC law. The deadline for transposition of the Directive expired on 31 January 2006. To date, the Commission has still not received any implementing measures from the Luxembourg authorities.
Enforcement of intellectual property rights
On 21 February 2008, the European Court of Justice delivered a judgment against Luxembourg for having not implemented Directive 2004/48/EC on enforcement of intellectual property rights (case C-328/07) in due time. The deadline for transposition of the Directive was 29 April 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 LU 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.
The latest information on infringement proceedings concerning all Member States can be found at: