Judgment — ECLI:EU:C:2003:567
Date: 2003-10-16
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom of establishment;Intellectual, industrial and commercial property;Approximation of laws;Freedom to provide services
Concepts: Protection of personal data
Procedure: Action for failure to fulfil obligations - successful
Origin: Belgium

Summary of the Judgment 
Approximation of laws — Copyright and related rights — Rental right and lending right 
for protected works — Directive 92/100 — Remuneration of authors in the event of 
public lending — Possibility for Member States to exempt certain categories of 
establishments — Scope 
(Council Directive 92/100, Art. 5(3)) 
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SUMMARY — CASE C-433/02 
Article 5(3) of Directive 92/100 on rental 
right and lending right and on certain rights 
related to copyright in the field of intellec­
tual property, under which Member States 
may exempt certain categories of establish­
ments from the payment of the remuner­
ation for public lending provided for in 
paragraphs 1 and 2 of that article, auth­
orises but does not oblige a Member State 
to exempt certain categories of establish­
ments. Consequently, if the circumstances 
prevailing in a Member State do not enable 
a valid distinction to be drawn between 
categories of establishments, that Member 
State must, in order to transpose the 
directive correctly, impose the obligation 
to pay the remuneration in question on all 
the establishments concerned. 
(see para. 20) 
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