Judgment of the Court (Sixth Chamber) of 15 May 2008 – Commission v Sweden

(Case C‑341/07)

Failure of a Member State to fulfil obligations – Directive 2004/48/EC – Enforcement of intellectual property rights – Failure to transpose within the prescribed period

1.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations not contested (Art. 226 EC) (see para. 11)

2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – Difficulties of interpretation pleaded as justification – Not permissible (Art. 226 EC) (see para. 12)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt the provisions necessary to comply with Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ 2004 L 157, p. 45, with corrigendum OJ 2004 L 195, p. 16).

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 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, the Kingdom of Sweden has failed to fulfil its obligations under that directive;

2. Orders the Kingdom of Sweden to bear the costs.