Source: EURLEX
Language: en
Format: md

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| 18.4.2017 | EN | Official Journal of the European Union | C 121/3 |

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Judgment of the Court (Fourth Chamber) of 1 March 2017 (request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division) — United Kingdom) — ITV Broadcasting Limited, ITV2 Limited, ITV Digital Channels Limited, Channel Four Television Corporation, 4 Ventures Limited, Channel 5 Broadcasting Limited, ITV Studios Limited v TVCatchup Limited, TVCatchup (UK) Limited, Media Resources Limited

(Case C-275/15)[(1)](#ntr1-C_2017121EN.01000301-E0001)

((Reference for a preliminary ruling - Directive 2001/29/EC - Harmonisation of certain aspects of copyright and related rights in the information society - Article 9 - Access to cable of broadcasting services - Concept of ‘cable’ - Retransmission of broadcasts of commercial television broadcasters by a third party via the internet - ‘Live streaming’))

(2017/C 121/03)

Language of the case: English

Referring court

Court of Appeal (England & Wales) (Civil Division)

Parties to the main proceedings

Appellants: ITV Broadcasting Limited, ITV2 Limited, ITV Digital Channels Limited, Channel Four Television Corporation, 4 Ventures Limited, Channel 5 Broadcasting Limited, ITV Studios Limited

Respondents: TVCatchup Limited, TVCatchup (UK) Limited, Media Resources Limited

Interveners: The Secretary of State for Business, Innovation and Skills, Virgin Media Limited

Operative part of the judgment

Article 9 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, and specifically the concept of ‘access to cable of broadcasting services’, must be interpreted as not covering, and not permitting, national legislation which provides that copyright is not infringed in the case of the immediate retransmission by cable, including, where relevant, via the internet, in the area of initial broadcast, of works broadcast on television channels subject to public service obligations.

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