Brussels, 22/03/2005 (Agence Europe) - The Commission has decided to refer Italy and Luxembourg to the European Court of Justice for failure to fully implement the public lending right in national legislation.
In Italy and Luxembourg, authors do not receive any remuneration when their works are lent by public establishments. The Commission considers that this situation contravenes the Council Directive 92/100/EEC relating to the right of borrowing and lending and to certain rights related to copyright. According to the directive, Member States must ensure authors are paid when their works are lent free of charge to the public.
At the end of December 2004, the Commission decided to take court action against Spain, Ireland and Portugal for the same reasons (see EUROPE of 22 December 2004). The European Court of Justice has already found Belgium, Finland, Sweden and the United Kingdom guilty of not applying Directive 92/100/EEC.