CELEX: C2005/171/12
Language: en
Date: 2005-07-09 00:00:00
Title: Case C-180/05: Action brought on 22 April 2005 by the Commission of the European Communities against the Grand Duchy of Luxembourg

9.7.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 171/6
            
         Action brought on 22 April 2005 by the Commission of the European Communities against the Grand Duchy of Luxembourg
   (Case C-180/05)
   (2005/C 171/12)
   Language of the case: French
   An action against the Grand Duchy of Luxembourg was brought before the Court of Justice of the European Communities on 22 April 2005 by the Commission of the European Communities, represented by Wouter Wils, acting as Agent, with an address for service in Luxembourg.
   The Commission claims that the Court should:
   
               1.
            
            
               declare 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 (1), the Grand Duchy of Luxembourg has failed to fulfil its obligations under Articles 1 and 5 of the directive;
            
         
               2.
            
            
               order the Grand Duchy of Luxembourg to pay the costs.
            
         Pleas in law and main arguments
   As long as the Grand Ducal regulation implementing Article 65 of the Law of 18 April 2001 on copyright has not been adopted and has not come into force, the remuneration for public lending, required by Article 5(1) of Directive 92/100 as a condition for permitting derogation from the exclusive right laid down in Article 1 of Directive 92/100, is not paid. Articles 1 and 5 of Directive 92/100 have therefore not been correctly applied.
   
      (1)  OJ 1992 L 346, p. 61