Reading lightly the judgement at http://curia.europa.eu/juris/d... - a number of issues are raised.
It is several times noted that it's a 1:1 based on physical books.
One of the most important reasons for digitisation would be to protect physical books from being lost.
Digital books, of course, can be backed up.
The judgement does not quite help with that - if a paper book is disposed of, destroyed, or catches fire - you lose the right to at the least display it - it is not clear to me that you have any right to retain the digital copy.
"use by communication or making available, for the purpose of research or private study, to individual members of the public by dedicated terminals on the premises of establishments referred to in paragraph 2(c) of works and other subject-matter not subject to purchase or licensing terms which are contained in their collections; "
This has some problems.
If you digitise your collection, can you only provide access at the site you digitised it at?
At any building in the same complex?
At any building managed by the same entity as the original digiser?
At any library with inter-library loan arrangements with the first library?
The judgement diddn't address this, they just said the fundamental right existed.
Another major hole in the judgement is 'by communication' - unless this is separately defined - one could imagine it being OK to connect (with DRM) to some dedicated terminal which provided copies of books via your phone or tablet.
The judgement also notes that it's free for national lawmakers to permit libraries to print or give digital copies - if the original publisher is properly compensated - even if the original publisher declines this.
This could vastly free up access to some books where the publisher is unidentifiable.