Source: EURLEX
Language: en
Format: md

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| 30.12.2006 | EN | Official Journal of the European Union | C 326/11 |

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

(Case C-198/05)[(1)](#ntr1-C_2006326EN.01001101-E0001)

(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

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

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:

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| 1. | Declares that, by exempting from the public lending right all categories 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 copyright in the field of intellectual property, the Italian Republic has failed to fulfil its obligations under Articles 1 and 5 of that Directive. |

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| 2. | Orders the Italian Republic to pay the costs. |

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