Case C-198/05: Judgment of the Court (Sixth Chamber) of 26 October 2006 . — Commission of the European Communities v Italian Republic (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)
Date: 2006-12-30
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, copyright, hiring, intellectual property, loan, public institution, public library, record library

30.12.2006

EN

Official Journal of the European Union

C 326/11

Operative part of the judgment

Article 18(1) EC must be interpreted as precluding legislation of a
Member State under which it refuses to grant to one of its nationals a
benefit for civilian war victims solely on the ground that, at the time at
which the application was submitted, the person concerned was resi-
dent, not in the territory of that Member State, but in the territory of
another Member State.

(1) OJ C 182, 23. 7. 2005.

Judgment of the Court (Grand Chamber) of 26 October
2006 (reference for a preliminary ruling from the Cour
d'appel de Bruxelles (Belgium)) — European Community v
Belgian State

(Case C-199/05) (1)

(Protocol on the Privileges and Immunities of the European
Communities — Article 3 — Indirect taxes — Decisions of
national courts and tribunals — Registration duties)

(2006/C 326/23)

Language of the case: French

Judgment of the Court (Sixth Chamber) of 26 October
2006. — Commission of the European Communities v
Italian Republic

Referring court

(Case C-198/05) (1)

Cour d'appel de Bruxelles (Belgium)

(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)

(2006/C 326/22)

Language of the case: Italian

Parties to the main proceedings

Applicant: European Community

Defendant: Belgian State

Parties

Applicant: Commission of the European Communities (repre-
sented by: W. Wils and L. Pignataro, Agents)

Re:

Defendant: Italian Republic (represented by: M Braguglia, Agent,
and M. Massella Ducci Teri, lawyer)

Re:

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. 61) — Derogation from the exclusive right in respect of
public lending — Scope

Operative part of the judgment

The Court:

1. Declares that, by exempting from the public lending right all cate-
gories 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 copy-
right in the field of intellectual property, the Italian Republic has
failed to fulfil its obligations under Articles 1 and 5 of that Direc-
tive.

2. Orders the Italian Republic to pay the costs.

Request for a preliminary ruling — Cour d'appel de Bruxelles —
Interpretation of the second and third paragraphs of Article 3
of the Protocol on the Privileges and Immunities of the Euro-
pean Communities of 8 April 1965 — National
legislation
introducing a duty in respect of decisions of courts and tribu-
nals concerning orders to pay amounts of money or securities
and calculation of amounts of money or securities payable

Operative part of the judgment

1) Duties such as the registration duties which must be paid following
decisions of national courts and tribunals ordering payment of
money or liquidation of securities do not amount merely to charges
for public utility services within the meaning of the third paragraph
of Article 3 of the Protocol on the Privileges and Immunities of the
European Communities.

2) The second paragraph of Article 3 of that Protocol is to be inter-
preted as meaning that duties such as the registration duties which
must be paid following decisions of national courts and tribunals
ordering payment of money or liquidation of securities do not fall
within the scope of that provision.

(1) OJ C 182, 23.7.2005.

(1) OJ C 182 of 23.7.2005.