Judgment — ECLI:EU:C:2007:13
Date: 2007-01-11
Language of the case: English
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: Copyright and related rights
Procedure: Action for failure to fulfil obligations - successful
Origin: Ireland

Judgment of the Court (Sixth Chamber) of 11 January 2007 – Commission v Ireland (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: 1. 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; 2. Orders Irelands to pay the costs; 3. Orders the Kingdom of Spain to pay its own costs.