Case C-175/05: Judgment of the Court (Sixth Chamber) of 11 January 2007 — Commission of the European Communities v Ireland (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)
Date: 2007-02-24
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, copyright, provision of documents, public institution, tax exemption

C 42/4

EN

Official Journal of the European Union

24.2.2007

Parties to the main proceedings

Re:

Applicant: Kaj Lyyski

Defendant: Umeå universitet

Re:

Reference for a preliminary ruling — Överklagandenämnden för
högskolan (Board of Appeals for Higher Education) — Interpre-
tation of Community law and in particular of Article 12 EC —
Professional training scheme organised to remedy a lack of
qualified teachers in a Member State intended to allow teachers
employed in schools to obtain the qualifications necessary for a
contract unlimited as to time — Refusal to admit a candidate
who is a national of that Member State but employed in a
school in another Member State

Operative part of the judgment

Community law does not preclude national legislation which organises,
on a provisional basis, training courses intended in the short term to
meet the need for qualified teachers in a State from requiring that
candidates for that training be employed in a school
in that State,
provided, however, that the manner in which that legislation is applied
does not lead to the exclusion, as a matter of principle, of all applica-
tions made by teachers who are not employed in such a school without
prior individual assessment of the merits of those applications in the
light, inter alia, of the aptitude of the person concerned, and the possi-
bility of monitoring the practical part of
the training received or
possibly of exempting that person from it.

(1) OJ C 93, 16.4.2005.

Judgment of the Court (Sixth Chamber) of 11 January 2007
— Commission of the European Communities v Ireland

(Case C-175/05) (1)

(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)

Failure of a Member State to fulfil obligations — Breach of Arti-
cles 1 and 5 of Council Directive 92/100/EEC of 19 November
1992 on rental right and lending right and on certain rights
intellectual property (OJ
related to copyright in the field of
1992 L 346, p. 6) — Derogation from the exclusive public
lending right — Scope

Operative part of the judgment

The Court:

1) Declares that, by exempting all categories of public lending estab-
lishments, 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 prop-
erty,
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 Ireland to pay the costs;

3) Orders the Kingdom of Spain to pay its own costs.

(1) OJ C 155, 25.6.2005.

Judgment of the Court (Second Chamber) of 11 January
the European Communities v
2007 — Commission of

Ireland

(Case C-183/05) (1)

(Failure of a Member State to fulfil obligations — Directive
92/43/EEC — Articles 12(1) and (2), 13(1)(b) and 16 —
Conservation of natural habitats and of wild fauna and flora
— Protection of species)

(2007/C 42/07)

Language of the case: English

(2007/C 42/06)

Parties

Language of the case: English

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. van Beek, Agent, assisted by M. Wemaëre, avocat)

Defendant: Ireland (represented by: D. O'Hagan, Agent)

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

Re:

Defendant: Ireland (represented by: D. O'Hagan, Agent, E. Regan
SC, J. Gormley, Advisory Counsel)

Intervener in support of the defendant: Kingdom of Spain (repre-
sented by: I. del Cuvillo Contreras, Agent)

Failure of a Member State to fulfil obligations — Defective trans-
position of Articles 12(1) and (2), 13(1)(b) and 16 of Council
Directive 92/43/EEC of 21 May 1992 on the conservation of
natural habitats and of wild fauna and flora (OJ 1992 L 206,
p. 7)