CELEX: 62009CB0136
Language: en
Date: 2010-03-18 00:00:00
Title: Case C-136/09: Order of the Court (Seventh Chamber) of 18 March 2010 (reference for a preliminary ruling from the Arios Pagos — Greece) — Organismos Sillogikis Diakhirisis Dimiourgon Theatrikon kai Optikoakoustikon Ergon v Divani Acropolis Hotel and Tourism AE (Article 104(3) of the Rules of Procedure — 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)

3.7.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 179/14
            
         Order of the Court (Seventh Chamber) of 18 March 2010 (reference for a preliminary ruling from the Arios Pagos — Greece) — Organismos Sillogikis Diakhirisis Dimiourgon Theatrikon kai Optikoakoustikon Ergon v Divani Acropolis Hotel and Tourism AE
   (Case C-136/09) (1)
   
   (Article 104(3) of the Rules of Procedure - 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)
   2010/C 179/23
   Language of the case: Greek
   
      Referring court
   
   Arios Pagos
   
      Parties to the main proceedings
   
   
      Applicant: Organismos Sillogikis Diakhirisis Dimiourgon Theatrikon kai Optikoakoustikon Ergon
   
      Defendant: Divani Acropolis Hotel and Tourism AE
   
      Intervener in support of the defendant: Hellenic Chamber of Hotels
   
      Re:
   
   Reference for a preliminary ruling — Arios Pagos — Interpretation of Article 3(1) 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 (OJ 2001 L 167, p. 10) — Concept of ‘communication to the public’ — Works transmitted by means of television sets installed in hotel rooms and connected to the central antenna of the hotel with no other action by the hotel to ensure reception of a signal by hotel customers
   
      Operative part of the order
   
   The hotelier, by installing televisions in his hotel rooms and by connecting them to the central antenna of the hotel, thereby, and without more, carries out an act of communication to the public within the meaning of Article 3(1) 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.
   
      (1)  OJ C 141, of 20.06.2009.