Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 30.12.2006 | EN | Official Journal of the European Union | C 331/3 |

---

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

(Case C-306/05)[(1)](#ntr1-C_2006331EN.01000301-E0001)

(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)

(2006/C 331/04)

Language of the case: Spanish

Referring court

Audiencia Provincial de Barcelona

Parties to the main proceedings

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

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](./../../../legal-content/EN/AUTO/?uri=OJ:L:2001:167:TOC)) — 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 amount to communication within the meaning of Directive 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 communication of a work by means of television sets from constituting communication to the public within the meaning of Article 3(1) of Directive 2001/29. |

---

[Top](#document1)