IP case law Court of Justice

Order of 18 Mar 2010, C-136/09 (Sillogikis)







Order of the Court (Seventh Chamber) of 18 March 2010 – Organismos Sillogikis Diacheirisis Dimiourgon Theatrikon kai Optikoakoustikon Ergon v Divani Akropolis Anonimi Xenodocheiaki kai Touristiki Etaireai

(Case C-136/09)

Article 104(3) of the Rules of Procedure – Copyright and related rights in the information society – Directive 2001/29/EC – Article 3 – Concept of ‘communication to the public’ – Works communicated by means of television sets installed in hotel rooms

Approximation of laws – Copyright and related rights – Directive 2001/29 (European Parliament and Council Directive 2001/29, Art. 3(1)) (see para. 43, operative part)

Re:

Reference for a preliminary ruling – Arios Pagos – Interpretation of Article 3(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ 2001 L 167, p. 10) – Concept of ‘communication to the public’ – Works transmitted by means of television sets installed in hotel rooms and connected to the central antenna of the hotel with no other action by the hotel to ensure reception of a signal by hotel customers.

Operative part:

The hotelier, by installing televisions in his hotel rooms and by connecting them to the central antenna of the hotel, thereby, and without more, carries out an act of communication to the public within the meaning of Article 3(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society.