Judgment of the Court (Third Chamber) of 26 October 2006 - Commission of the European Communities v Kingdom of Spain
(Failure of a Member State to fulfil obligations -Directive 92/100/EEC - Copyright - Rental and lending right - Failure to transpose within the prescribed period)
Language of the case: Spanish
Parties
Applicant: Commission of the European Communities (represented by: J.R. Vidal Puig and W. Wils, acting as Agents)
Defendant: Kingdom of Spain (represented by: I. del Cuvillo Contreras, acting as Agent)
Re:
Failure of a Member State to fulfil its 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:
Declares that, by exempting almost all, if not all, categories of establishments undertaking the public lending of works protected by copyright from the obligation to pay remuneration to authors for the lending carried out, the Kingdom of Spain 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;
Orders the Kingdom of Spain to pay the costs.
____________1 - OJ C 69 of 19.03.2005.