If it isn't in your language, it doesn't count ...
Last week the European Court of Justice ruled in Case C-161/06 Skoma‑Lux sro v Celní ředitelství Olomouc (11 December 2007) that the obligations contained in European Union legislation cannot be enforced in any Member States if that legislation has not been published in the Official Journal in the language of that Member State. According to the Court, on a reference from the Czech Republic, Article 58 of the Act concerning the conditions of accession to the European Union of the Czech Republic ... and the adjustments to the Treaties on which the European Union is founded (the "Act of Accession") requires EU legislation to be translated and published in the official language of each Member State in which enforcement is sought.
The IPKat notes that this ruling does not explicitly cover the position regarding rulings and orders of the European Court of Justice itself, even though the courts of Member States may be obliged to follow them. Since so much intellectual property law and practice at Community level is driven by judicial slants on Regulations and Directives, he feels that the spirit of Skoma-Lux is at least on the side of those who argue for more -- and faster -- translations of ECJ and CFI decisions. Merpel agrees, noting that no-one rudely told the Czechs to stop complaining and learn some more languages.
The language of cats here and here
Teach yourself Eurospeak here
The IPKat notes that this ruling does not explicitly cover the position regarding rulings and orders of the European Court of Justice itself, even though the courts of Member States may be obliged to follow them. Since so much intellectual property law and practice at Community level is driven by judicial slants on Regulations and Directives, he feels that the spirit of Skoma-Lux is at least on the side of those who argue for more -- and faster -- translations of ECJ and CFI decisions. Merpel agrees, noting that no-one rudely told the Czechs to stop complaining and learn some more languages.
The language of cats here and here
Teach yourself Eurospeak here