Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 17.6.2006 | EN | Official Journal of the European Union | C 143/20 |

---

Judgment of the Court (Sixth Chamber) of 27 April 2006 — Commission of the European Communities v Grand Duchy of Luxembourg

(Case C-180/05)[(1)](#ntr1-C_2006143EN.01002001-E0001)

(Failure of a Member State to fulfil its 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 143/35)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: W. Wils, Agent)

Defendant: Grand Duchy of Luxembourg (represented by: M. S. Schreiner, Agent)

Re:

Failure of a Member State to fulfil its obligations — Infringements 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. 1](./../../../legal-content/EN/AUTO/?uri=OJ:L:1992:346:TOC))

Operative part of the judgment

The Court:

|  |  |
| --- | --- |
| 1. | Declares that, by failing to apply the provisions on public lending right provided for in 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, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Articles 1 and 5 of that directive; |

|  |  |
| --- | --- |
| 2. | Orders the Grand Duchy of Luxembourg to pay the costs. |

---

[Top](#document1)