C-348/99

COMMISSION V LUXEMBOURG

OPINION OF ADVOCATE GENERAL LEGER delivered on 10 February 2000 *

1. By this action, the Commission of the within two months from receipt of that European Communities is applying for a letter. The Luxembourg Government did declaration that, by failing to adopt the not reply to that letter. laws, regulations and administrative provi- sions necessary to comply with Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, 1the Grand Duchy 4. On 30 September 1998 the Commission of Luxembourg has failed to fulfil its sent the Grand Duchy of Luxembourg a obligations under that directive. reasoned opinion reminding it that it was under a duty to adopt the necessary mea- sures to transpose the Directive into Lux- embourg law and to inform the Commis- 2. The Commission observes that the pur- sion that transposition was complete. pose of the Directive is to harmonise national legislation relating to the legal protection of databases. It points out that under Article 16 of the Directive, the Member States are to bring into force the 5. It points out that to date it has received laws, regulations and administrative provi- no further news from the Luxembourg sions necessary to comply with the Direc- Government nor any information such as tive before 1 January 1998 and to commu- to suggest that the measures necessary to nicate to the Commission the text of the transpose the Directive have been adopted. provisions of domestic law which they adopt in the field in question.

comply with the Directive. However, it cation be dismissed and the Commission argues that a draft law on copyright, ordered to pay the costs. neighbouring rights and databases, inten- ded to transpose the Directive, was sub- mitted to the Chambre des Deputes (Parlia- ment) on 17 April 1998, but that there 9. It is clear that the provisions needed have been delays in the legislative process. properly and fully to transpose the Direc- Since the purpose of the draft law goes tive have not been adopted within the beyond the protection of databases, cover- prescribed period, and the Luxembourg ing the area of copyright, and completely Government does not contest this. A find- reworking the law of copyright, it was ing that the Grand Duchy of Luxembourg necessary to form a working group, to has failed to fulfil its obligations under the undertake a major consultation exercise Directive is therefore appropriate. The with the interested parties and to organise a Luxembourg Government has not provided seminar on copyright law. any information such as to justify staying these proceedings, given that its failure to fulfil its obligations is in any case clear-cut. 8. It is the view of the Luxembourg Gov- ernment that, in so far as the draft law fully transposes the Directive, the action before the Court will become devoid of purpose 10. Under Article 69(2) of the Rules of upon adoption by the Chambre des Procedure of the Court, the unsuccessful Deputes of that law. It therefore asks that party is to be ordered to pay the costs if the Court stay proceedings on the applica- they have been applied for in the successful tion or, in the alternative, that the appli- party's pleadings.