Case C-175/05: Action brought on 19 April 2005 by Commission of the European Communities against Ireland
Date: 2005-06-25
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, copyright, provision of documents, public institution, tax exemption

25.6.2005

EN

Official Journal of the European Union

C 155/7

Is Article 2(3) of Decision 2003/199/EC (1) valid?

(1) Council Decision of 18 March 2003 concerning the non-inclusion
of aldicarb in Annex I to Council Directive 91/414/EEC and the
withdrawal of
for plant protection products
containing this active substance (OJ L 76 of 22 March 2003, p. 21).

authorisations

The Irish authorities have relied upon Article 5(3) of the Direc-
tive and exempted by Order ‘stated classes of institutions from
payment of remuneration in respect of lending in practice’. The
scope of this exemption is so wide that it permits all public
educational and academic institutions to which the members of
the public have access to engage in public lending with the
result that all public lending institutions are exempt from the
lending right and are also absolved from payment of remunera-
tion.

The Commission maintains that
this situation clearly goes
beyond the scope of the exceptions permitted by Article 5(3) of
the Directive and that Ireland therefore has failed to fulfil its
obligations under Articles 1 and 5 of the Directive.

Action brought on 19 April 2005 by Commission of the
European Communities against Ireland

(1) OJ L 346, 27.11.1992, p. 61

(Case C-175/05)

(2005/C 155/13)

(Language of the case: English)

An action against Ireland was brought before the Court of
Justice of the European Communities on 19 April 2005 by the
the European Communities, represented by
Commission of
Michael Shotter and Wouter Wils, acting as Agents, with an
address for service in Luxembourg.

The applicant claims that the Court should:

1. declare 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 (1),
Ireland has failed to
fulfil its obligations under Articles 1 and 5 of that Directive;

2. order Ireland to pay the costs.

Pleas in law and main arguments

the Directive defines ‘lending’

Article 1(3) of
in terms of
making available for use, for a limited period of time and not
for direct or indirect economic or commercial advantage ‘when
it is made through establishments which are accessible to the
public’. Article 5(3) allows Member States to exempt ‘certain
categories of establishments’ from the payment of remunera-
tion.

Reference for a preliminary ruling from the Juzgado de lo
Social Único de Algeciras by order of that court of 30
March 2005 in Maria Cristina Guerrero Pecino v Fondo de
Garantía Salarial (FOGASA)

(Case C-177/05)

(2005/C 155/14)

(Language of the case: Spanish)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Juzgado de lo Social Único
de Algeciras of 30 March 2005, received at the Court Registry
on 20 April 2005, for a preliminary ruling in the proceedings
between María Cristina Guerrero Pecino and the Fondo de
Garantía Salarial.

The Juzgado de lo Social Único de Algeciras asks the Court of
Justice to give a ruling on the following questions:

consequently, must

Having regard to the general principle of equality and non-
discrimination, is the inequality in treatment created by Article
33.2 of the Workers' Statute and by the interpretation made of
that provision by the Tribunal Supremo objectively justified
and,
compensation for dismissal be
excluded where it is payable to a worker pursuant to judicial
conciliation within
Council Directive
80/987/EEC (1) of 20 October 1980 on the approximation of
the laws of the Member States relating to the protection of
employees in the event of the insolvency of their employer, in
the version amended by Directive 2002/74/EC (2) of the Euro-
pean Parliament and of the Council of 23 September 2002,

ambit

the

of