Source: EURLEX
Language: en
Format: md

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| 2.9.2006 | EN | Official Journal of the European Union | C 212/7 |

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Judgment of the Court (Third Chamber) of 6 July 2006 — Commission of the European Communities v Portuguese Republic

(Case C-53/05)[(1)](#ntr1-C_2006212EN.01000702-E0001)

(Failure of a Member State to fulfil obligations - Directive 92/100/EEC - Copyright - Rental and lending right - Failure to transpose within the prescribed period)

(2006/C 212/12)

Language of the case: Portugese

Parties

Applicant: Commission of the European Communities (represented by: P. Andrade and W.Wils, agents)

Defendant: Portugese Republic (represented by: L. Fernandes and N. Gonçalves, agents)

Re:

Failure of a Member State 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)

Operative part of the judgment

The Court hereby:

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| 1. | Declares that, by exempting all categories of public lending establishments from the obligation to pay remuneration to authors for public lending, the Portuguese Republic has failed to fulfil its obligations under 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. |

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

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