Source: EURLEX
Language: en
Format: md

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| 2.4.2005 | EN | Official Journal of the European Union | C 82/17 |

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Action brought on 9 February 2005 by the Commission of the European Communities against the Portuguese Republic

(Case C-53/05)

(2005/C 82/36)

Language of the case: Portuguese

An action against the Portuguese Republic was brought before the Court of Justice of the European Communities on 9 February 2005 by the Commission of the European Communities, represented by P. Andrade and W.Wils, acting as Agents, with an address for service in Luxembourg.

The Commission of the European Communities claims that the Court should:

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| — | declare that the Portuguese Republic, by having exempted all categories of establishments from the obligation to pay remuneration to authors on public lending, has failed to fulfil its obligations under Article 5, in conjunction with Article 1, of Council Directive 92/100/EEC[(1)](#ntr1-C_2005082EN.01001702-E0001) of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property; |

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| — | order the Portuguese Republic to pay the costs. |

Pleas in law and main arguments

Before the adoption of Directive 92/100, Portuguese law did not recognise an author's right to remuneration on the lending of a work in relation to which the distribution right was exhausted. Currently Portuguese law recognises the right to remuneration but, by exempting all categories of public-lending establishments from the obligation to pay such remuneration, for the purposes of Directive 92/100, it has rendered that right ineffective and has failed to fulfil its obligations under Articles 1 and 5 of the directive.

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