Judgment of the Court (Sixth Chamber) of 27 April 2006 – Commission v Luxembourg
(Case C-180/05)
Failure of a Member State 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 prescribed period
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. 13)
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. 1). |
Operative part
The Court:
1. |
| Declares 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, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Articles 1 and 5 of that directive; |
2. |
| Orders the Grand Duchy of Luxembourg to pay the costs. |