Gibraltar Gets Brits Into Problem ... Again

Today inward Case C-88/04 European Commission 5 United Kingdom of Great Britain together with Northern Ireland the European Court of Justice ruled that the United Kingdom of Great Britain together with Northern Ireland was inward breach of its obligations relating to the Information Society.

Article thirteen of Directive 2001/29 on the harmonisation of for sure aspects of copyright together with related rights inward the data club required all the European Union fellow member states to convey into forcefulness diverse provisions contained inward it earlier 22 Dec 2002 together with and so to enjoin the Commission that they did so. After the United Kingdom of Great Britain together with Northern Ireland missed this deadline, the Commission opened the infringement physical care for together with called upon the United Kingdom of Great Britain together with Northern Ireland to submit its observations. The United Kingdom of Great Britain together with Northern Ireland regime told the Commission that the directive would hold out implemented inward the United Kingdom of Great Britain together with Northern Ireland inward Oct 2003, merely said goose egg nearly implementing it inward Gibraltar. The Commission together with so sought a annunciation that the United Kingdom of Great Britain together with Northern Ireland had failed to fulfil its obligations nether the directive.

The termination was whether the United Kingdom of Great Britain together with Northern Ireland had to implement inward in Gilbraltar at all. The Commission argued that, since it was non primarily or alone concerned amongst the gratis crusade of goods, it did non autumn inside the category of measures which did non employ to Gibraltar past times virtue of its exclusion from the customs territory of the Community: the United Kingdom of Great Britain together with Northern Ireland hence had to initiate procedures necessary for ensuring that it was incorporated into the constabulary applicable for Gibraltar. The United Kingdom of Great Britain together with Northern Ireland regime idea otherwise. The Court sided amongst the Commission together with ruled that, past times failing to adopt all the laws, regulations together with administrative provisions necessary to comply amongst the directive, the United Kingdom of Great Britain together with Northern Ireland had failed to fulfil its obligations. As it said (at paragraph 9):

"The Commission takes the persuasion that, every bit that directive is non primarily or alone concerned amongst the gratis crusade of goods, it does non autumn inside the category of measures which produce non employ to Gibraltar past times virtue of its exclusion from the customs territory of the Community nether the United Kingdom of Great Britain together with Northern Ireland Act of Accession, every bit held past times the Court inward its judgment inward Case C-30/01 Commission 5 United Kingdom of Great Britain together with Northern Ireland [2003] ECR I-9481. It considers that it is the duty of the authorities of the United Kingdom of Great Britain together with Northern Ireland to initiate, inward due time, the procedures necessary for ensuring that the directive is incorporated into the constabulary applicable to Gibraltar".

was a footling saddened at the decision, though non surprised. He wonders though why copyright is treated differently to other IP rights together with hopes his readers volition enjoin him.

More on Gibraltar here and here