The European Commission decides to refer 11 Member States to the Court of Justice of the European Union
The European Commission decided to refer 11 Member States to the Court of Justice of the European Union for failing to notify the Commission of transposition measures under two Directives with respect to copyright.
After the transposition deadline expired on 7 June 2021, the Commission initially opened the infringement procedure on 23 July 2021 by sending letters of formal notice to the Member States that did not communicate complete transposition of the two Directives. On 19 May 2022, the Commission followed up with reasoned opinions to 10 Member States over failure to notify the transposition of Directive on copyright and related rights in the Digital Single Market (EU Directive 2019/789) and 13 Member States regarding Directive on copyright and related rights applicable to certain online transmissions (EU Directive 2019/790).
In accordance with Article 258 of the Treaty on the Functioning of the European Union (TFEU), the Commission may refer the matter to the Court of Justice of the EU if the Member State concerned does not comply with the reasoned opinion within the period laid down by the Commission. In addition, in accordance with the third paragraph of Article 260 of the TFEU, the Commission can call on the Court of Justice of the EU to impose financial sanctions on a Member State that failed to fulfil its obligation to notify measures transposing a legislative directive.
On February 15, the Commission thus decided to initiate proceedings before the Court of Justice of the EU against Bulgaria, Denmark, Finland, Latvia, Poland and Portugal, because of their failure to notify complete transposition measures on copyright and related rights in the Digital Single Market.
In addition, in relation to a more specific EU Directive on copyright and related rights applicable to certain online transmissions, the Commission is referring Bulgaria, Finland, Latvia, Poland and Portugal to the Court of Justice for not notifying complete transposition of EU rules to the Commission.
You can read the entire press release on this page.
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