CELEX: 62005CJ0175
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

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.