Directive 2004/48/EC and its implementation in Ireland

20.7.2016

Question for written answer P-005998-16
to the Commission
Rule 130
Gerard Batten (EFDD)

One of my constituents has raised the subject of the right to justice and self-representation as regards the implementation of Directive 2004/48/EC, where there are serious infringements in Ireland, where small companies are impeded from defending their intellectual property rights in legal disputes.

Therefore, my questions are as follows:

• 1.Does the Commission recognise the lack of transposition by Ireland of Articles 2 and 3, as well as of Recital 17, of the abovementioned directive, which has already delayed for over 10 years?
• 2.Does the Commission recognise that a relevant national regime on legal aid in Ireland is still lacking, and what actions are being taken by the Commission to allow SMEs and entrepreneurs to defend their interests in legal cases and to ensure legal protection of their interests within the single market?
• 3.What does the Commission intend to do to investigate and resolve this matter in Ireland?