Source: EURLEX
Language: en
Format: md

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| 25.6.2005 | EN | Official Journal of the European Union | C 155/7 |

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

(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 Commission of the European Communities, represented by Michael Shotter and Wouter Wils, acting as Agents, with an address for service in Luxembourg.

The applicant claims that the Court should:

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| 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)](#ntr1-C_2005155EN.01000701-E0001), Ireland has failed to fulfil its obligations under Articles 1 and 5 of that Directive; |

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| 2. | order Ireland to pay the costs. |

Pleas in law and main arguments

Article 1(3) of the Directive defines ‘lending’ 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 remuneration.

The Irish authorities have relied upon Article 5(3) of the Directive 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 remuneration.

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.

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