EuGH · C-175/05

Subject of the case Operative part Subject of the case Re: Failure of a Member State to fulfil obligations – Breach 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 public lending right – Scope Operative part Operative part The Court: 1. Declares that, by exempting all categories of public lending establishments, within the meaning 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, from the obligation to remunerate authors for the lending carried out by them, Ireland has failed to fulfil its obligations under Articles 1 and 5 of that directive; 2. Orders Irelands to pay the costs; 3. Orders the Kingdom of Spain to pay its own costs.