Opinion of the Advocate General — ECLI:EU:C:1999:403
Date: 1999-09-09
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom of establishment;Intellectual, industrial and commercial property;Approximation of laws;Freedom to provide services
Procedure: Reference for a preliminary ruling
Origin: Spain

Summary of the Judgment 
Approximation of laws — Copyright and related rights — Directive 93/83 — Satellite 
broadcasting and cable retransmission — Reception by a hotel establishment of television 
signals and their distribution by cable to its various rooms — Classification — 'Act of 
communication to the public' or 'reception by the public' — A question of national law 
(Council Directive 93/83, Arts 1(2)(a) and 3) 
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SUMMARY — CASE C-293/98 
The question whether the reception by a 
hotel establishment of satellite or terrestrial 
television signals and their distribution by 
cable to the various rooms of that hotel is 
an 'act of communication to the public' or 
'reception by the public' is not governed by 
Directive 93/83 on the coordination of 
certain rules concerning copyright and 
rights related to copyright applicable to 
satellite broadcasting and cable retransmis­
sion, and must consequently be decided in 
accordance with national law. 
(see para. 29 and operative part) 
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