Judgment — ECLI:EU:C:2006:677
Date: 2006-10-26
Language of the case: Italian
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Intellectual, industrial and commercial property;Approximation of laws;Freedom to provide services;Copyright and related rights
Concepts: General;Copyright and related rights
Procedure: Action for failure to fulfil obligations - successful
Origin: Italy

Notice for the OJ Action brought on 4 May 2005 by the Commission of the European Communities against the Italian Republic (Case C-198/05) (Language of the case: Italian) An action against the Italian Republic was brought before the Court of Justice of the European Communities on 4 May 2005 by the Commission of the European Communities, represented by W. Wils and L. Pignataro, acting as Agents. The applicant claims that the Court should: declare that the Italian Republic has failed to fulfil its obligations under Articles 1 and 5 of Directive 92/100/EEC of 19 November 19921 in that all the categories of establishments which are accessible to the public within the meaning of the directive are exempt from public lending right. order the Italian Republic to pay the costs. Pleas in law and main arguments The Commission notes that Article 69(1)(b) of Law No 633/41 exempts all State book and record libraries from lending right in so far as it lays down that lending is not subject to any authorisation or remuneration after at least 18 months from the first act of the distribution period, or after at least 24 months from the realisation of those works if the right of distribution is not exercised. The Commission submits that in exempting all State book and record libraries from the payment of remuneration, that article of Law No 633/41 simultaneously infringes Article 5(2) and Article 5(3) of Directive 92/100/EEC. By not complying with the conditions for the grant of a derogation from exclusive lending right for public institutions, that provision also infringes Article 1 of that directive. ____________ 1 - OJ 1992 L 346, p. 61 of 27.11.1992.