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Judgment of the Court (Sixth Chamber) of 11 January 2007.#Commission of the European Communities v Ireland.#Failure of a Member State to fulfil obligations - Directive 92/100/EEC - Copyright - Rental and lending right - Exclusive public lending right - Derogation - Condition of remuneration - Exemption - Scope.#Case C-175/05.
ECLI:EU:C:2007:13
62005CJ0175
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(Case C‑175/05)
Failure of a Member State to fulfil obligations – Directive 92/100/EEC – Copyright – Rental and lending right – Exclusive public lending right – Derogation – Condition of remuneration – Exemption – Scope
Approximation of laws – Copyright and related rights – Protected rental and lending right for works – Directive 92/100 – Remuneration of authors in the event of public lending (Council Directive 92/100, Arts 1 and 5) (see para. 32 and operative part)
Re:
Failure of a Member State to fulfil obligations – Breach of Articles 1 and 5 of Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (OJ 1992 L 346, p. 6) – Derogation from the exclusive public lending right – Scope
Operative part
The Court:
Declares that, by exempting all categories of public lending establishments, within the meaning of Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property, from the obligation to remunerate authors for the lending carried out by them, Ireland has failed to fulfil its obligations under Articles 1 and 5 of that directive;
Orders Irelands to pay the costs;
Orders the Kingdom of Spain to pay its own costs.