CELEX: 62009CN0432
Language: en
Date: 2009-11-02 00:00:00
Title: Case C-432/09: Reference for a preliminary ruling from the Hof van Beroep te Brussel (Belgium), lodged on 2 November 2009 — Airfield NV v Agicoa Belgium BVBA

30.1.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 24/24
            
         Reference for a preliminary ruling from the Hof van Beroep te Brussel (Belgium), lodged on 2 November 2009 — Airfield NV v Agicoa Belgium BVBA
   (Case C-432/09)
   2010/C 24/44
   Language of the case: Dutch
   
      Referring court
   
   Hof van Beroep te Brussel
   
      Parties to the main proceedings
   
   
      Appellant: Airfield NV
   
      Respondent: Agicoa Belgium BVBA
   
      Questions referred
   
   
               1.
            
            
               Does Directive 93/83 (1) preclude the requirement that a supplier of digital satellite television must obtain the consent of the copyright holders in the case where a broadcasting organisation transmits its programme-carrying signals, either by a fixed link or by an encrypted satellite signal, to a supplier of digital satellite television which is independent of the broadcasting organisation, and that supplier has those signals encrypted and beamed to a satellite by a company associated with it, after which those signals are beamed down, with the consent of the broadcasting organisation, as part of a package of television programmes and therefore bundled, to the satellite television supplier’s subscribers, who are able to view the programmes simultaneously and unaltered by means of a decryption card or smart card provided by the satellite television supplier?
            
         
               2.
            
            
               Does Directive 93/83 preclude the requirement that a supplier of digital satellite television must obtain the consent of the copyright holders in the case where a broadcasting organisation transmits its programme-carrying signals to a satellite in accordance with the instructions of a digital television supplier which is independent of the broadcasting organisation, after which those signals are beamed down, with the consent of the broadcasting organisation, as part of a package of television programmes and therefore bundled, to the satellite television supplier’s subscribers, who are able to view the programmes simultaneously and unaltered by means of a decryption card or smart card provided by the satellite television supplier?
            
         
      (1)  Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission (OJ 1993 L 248, p. 15).