CELEX: 62005CJ0198
Failure to fulfil obligations
Directive 92/100/EEC
Rights related to copyright in the field of intellectual property
Public lending right
Failure to transpose within the period prescribed

Failure to fulfil obligations – Infringement 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 right in respect of public lending – Scope.
Operative part
The Court:
1.
Declares that, by exempting from the public lending right all categories of lending establishment accessible to the public
within the meaning of 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, the Italian Republic has failed to fulfil its obligations under Articles
1 and 5 of that Directive;
2.
Orders the Italian Republic to pay the costs.