# C_2006294EN.01002901.xml

| 2.12.2006 | EN | Official Journal of the European Union | C 294/29 |
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2.12.2006

EN

Official Journal of the European Union

C 294/29

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Reference for a preliminary ruling from the Tribunal Supremo — Sala Primera Civil (Spain) lodged on 22 September 2006 — Entidad de Gestión de los Derechos de los Productores Audiovisuales (EGEDA) v Al Rima, S.A

(Case C-395/06)

(2006/C 294/51)

Language of the case: Spanish

Referring court

Tribunal Supremo — Sala Primera Civil (Spain)

Parties to the main proceedings

Applicant: Entidad de Gestión de los Derechos de los Productores Audiovisuales (EGEDA)

Applicant:

Defendant: Al Rima, S.A

Defendant:

Question(s) referred

| 1. | Does the installation in the rooms of a hotel or similar establishment of television sets to which a terrestrial or satellite television signal is sent by cable constitute an act of communication to the public which is covered by the harmonisation of national laws protecting the rights of phonogram producers and producers of the first fixations of films provided for in Article 3(2) of Directive 2001/29/EC (1) of the European Parliament and of the Council of 22 May 2001? |
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1.

Does the installation in the rooms of a hotel or similar establishment of television sets to which a terrestrial or satellite television signal is sent by cable constitute an act of communication to the public which is covered by the harmonisation of national laws protecting the rights of phonogram producers and producers of the first fixations of films provided for in Article 3(2) of Directive 2001/29/EC (1) of the European Parliament and of the Council of 22 May 2001?

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| 2. | Is it contrary to the protection of the rights of phonogram producers and producers of the first fixations of films pursued by Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 to deem the room of a hotel or similar establishment to be a strictly domestic location, so that communication by means of television sets to which is fed a signal previously received by the hotel or similar establishment is not regarded as communication to the public? |
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2.

Is it contrary to the protection of the rights of phonogram producers and producers of the first fixations of films pursued by Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 to deem the room of a hotel or similar establishment to be a strictly domestic location, so that communication by means of television sets to which is fed a signal previously received by the hotel or similar establishment is not regarded as communication to the public?

| 3. | For the purposes of protecting the rights of phonogram producers and producers of the first fixations of films pursued by Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001, can communication that is effected through television sets which are installed in rooms and to which a signal previously received by a hotel or similar establishment is fed be regarded as public because successive viewers have access to that communication? |
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3.

For the purposes of protecting the rights of phonogram producers and producers of the first fixations of films pursued by Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001, can communication that is effected through television sets which are installed in rooms and to which a signal previously received by a hotel or similar establishment is fed be regarded as public because successive viewers have access to that communication?

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(1)  On the harmonisation of certain aspects of copyright and related rights in the information society (OJ 2001 L 167, p. 10).

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