Implementation delayed, implementation denied
Advocate General Eleanor Sharpston QC has delivered her Opinion this forenoon inwards Case C-36/05 Commission of the European Communities v Kingdom of Spain. This is an activity brought past times the Commission against Kingdom of Spain for failing to implement Articles 1 too v of Council Directive 92/100 of xix Nov 1992 on rental too lending rights too on surely rights relating to copyright inwards the champaign of intellectual property. She advises the European Court of Justice to conclude that Kingdom of Spain is inwards the wrong.
assumes that the courtroom volition obliging dominion accordingly, every bit is the normal practise when European Union fellow member states are sued for non-implementation or mis-implementation of IP Directives. Merpel agrees too says, isn't it a shame that the ECJ - which is already busy plenty - has to waste matter its fourth dimension considering whether the countries of the Union convey done what they agreed to do. What's more, it's virtually 12 years since the Directive should convey been implemented ...
The mañana complex here
Sing close mañana here and here
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