Case C-306/05: Judgment of the Court (Third Chamber) of 7 December 2006 (reference for a preliminary ruling from the Audiencia Provincial de Barcelona — Spain) — Sociedad General de Autores y Editores de España (SGAE) v Rafael Hoteles SA (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)
Date: 2006-12-30
Institutions: Court of Justice
Subjects: cable distribution, copyright, hotel industry, interpretation of the law

30.12.2006

EN

Official Journal of the European Union

C 331/3

2. Legislation containing an absolute prohibition of derogation, by
agreement, from the minimum fees set by a scale of lawyers' fees,
such as that at issue in the main proceedings, for services which are
(a) court services and (b) reserved to lawyers constitutes a restriction
on freedom to provide services laid down in Article 49 EC. It is for
in the
the national court to determine whether such legislation,
light of the detailed rules for its application, actually serves the
objectives of protection of consumers and the proper administration
of
justice which might justify it and whether the restrictions it
imposes do not appear disproportionate having regard to those
objectives.

2001/29/EC of the European Parliament and of the Council of
22 May 2001 on the harmonisation of copyright and related
rights in the information society, the distribution of a signal by
means of television sets by a hotel to customers staying in its
rooms, whatever technique is used to transmit the signal, constitutes
communication to the public within the meaning of Article 3(1) of
that directive.

2. The private nature of hotel rooms does not preclude the communi-
television sets from constituting
cation of a work by means of
communication to the public within the meaning of Article 3(1) of
Directive 2001/29.

(1) OJ C 94, 17.4.2004.

OJ C 179, 10.7.2004.

(1) OJ C 257, 15.10.2005.

Judgment of the Court (Third Chamber) of 7 December
2006 (reference for a preliminary ruling from the Audi-
encia Provincial de Barcelona — Spain) — Sociedad
General de Autores y Editores de España (SGAE) v Rafael
Hoteles SA

(Case C-306/05) (1)

(Copyright and related rights in the information society —
Directive 2001/29/EC — Article 3 — Concept of communica-
tion to the public — Works communicated by means of televi-
sion sets installed in hotel rooms)

(2006/C 331/04)

Language of the case: Spanish

Judgment of the Court (Grand Chamber) of 12 December
2006 (reference for a preliminary ruling from the High
Court of Justice of England and Wales, Chancery Division,
United Kingdom) — Test Claimants in Class IV of the ACT
Group Litigation v Commissioners of Inland Revenue

(Case C-374/04) (1)

(Freedom of establishment — Free movement of capital —
Corporation tax — Payment of dividends — Tax credit —
Separate treatment of resident and non-resident shareholders
— Bilateral double taxation conventions)

(2006/C 331/05)

Language of the case: English

Referring court

Audiencia Provincial de Barcelona

Referring court

Parties to the main proceedings

High Court of Justice of England and Wales, Chancery Division

Applicant: Sociedad General de Autores y Editores de España
(SGAE)

Parties to the main proceedings

Defendant: Rafael Hoteles SA

Re:

Reference for a preliminary ruling — Audiencia Provincial de
Barcelona — Interpretation of Directive 2001/29/EEC 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, page 10) —
Meaning of ‘act of communication to the public’ (Article 3 of
the directive) — Meaning of
‘strictly domestic location’ —
Works made available on television sets installed in hotel rooms

Operative part of the judgment

1. While the mere provision of physical facilities does not as such
to communication within the meaning of Directive

amount

Applicants: Test Claimants in Class IV of the ACT Group Litiga-
tion

Defendant: Commissioners of Inland Revenue

Re:

Reference for a preliminary ruling — High Court of Justice of
England and Wales, Chancery Division — National legislation
on corporation tax — Retention at source (‘advance corporation
tax’) applied to the profits distributed by a subsidiary to a parent
company — Tax credit designed to take account of a retention
made upstream — Benefit of the tax credit limited to residents
and to residents of certain other Member States party to a
convention for avoiding double taxation containing a clause to
that effect — Liability of a Member State for breach of Com-
munity law — Form of redress