Judgment of the Court (Fifth Chamber) of 31 January 2008.#Commission of the European Communities v Kingdom of Spain.#Failure of a Member State to fulfil obligations - Directive 2001/84/EC - Copyright - Resale right for the benefit of the author of an original work of art.#Case C-32/07.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Failure to adopt within the prescribed period all the measures necessary to comply with Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art (OJ 2001 L 272, p 32).

Operative part

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 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art, the Kingdom of Spain has failed to fulfil its obligations under that directive;

2. Orders the Kingdom of Spain to pay the costs.