EuGH · C-198/05

Subject of the case Operative part Subject of the case 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 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.