Judgment of the Court (Sixth Chamber) of 26 October 2006 – Commission v Italy

(Case C-198/05)

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

1.                     Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 16)

2.                     Approximation of laws – Copyright and related rights – Public lending right of protected works – Directive 92/100 (Council Directive 92/100, Arts 1 and 5) (see para. 21 and operative part)

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. 6) – Derogation from the exclusive right in respect of public lending – Scope.

Operative part

The Court:

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;

2. Orders the Italian Republic to pay the costs.