C-136/09

Organismos Sillogikis Diacheirisis Dimiourgon Theatrikon kai Optikoakoustikon Ergon v Divani Acropolis AE

The following questions are referred to the Court of Justice of the European Communities under Article 234 EC for a preliminary ruling:

In C-306/05 Sociedad General de Autores y Editores de España (SGAE) v Rafael Hoteles SA, the court was asked:

1. Whether the installation of a television set in an hotel room to which a satellite or terrestrial television signal is sent by cable, constitutes an act of communication to the public, which is protected by the harmonisation of national laws protecting copyright provided for in Article 3 of Directive 2001/29/EC?

2. Whether classifying an hotel room as a strictly domestic location, so that communication by means of a television set, fed by a signal previously received by the hotel, is not regarded as communication to the public, is contrary to the copyright protection provided for in Article 3 of Directive 2001/29/EC?

3. Whether, for the purposes of such protection, communication through a television set in an hotel room, can be regarded as public because it is used by a succession of differing people?

The court is now asked for further clarification:

Can the mere installation of a television set in an hotel room and its connection to a central antenna in the hotel, and without any further actions or interventions by the hotelier, constitute communication to the public, within the meaning of Article 3 of Directive 2001/29/EC? In particular, does communication to the public by means of a television set require technical intervention by the hotelier?