CELEX: 62020CN0716
Language: en
Date: 2020-12-31 00:00:00
Title: Case C-716/20: Request for a preliminary ruling from the Supremo Tribunal de Justiça (Portugal) lodged on 31 December 2020 — RTL Television GmbH v Grupo Pestana S.G.P.S., S.A., SALVOR — Sociedade de Investimento Hoteleiro, S.A.

29.3.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 110/23
            
         
      Request for a preliminary ruling from the Supremo Tribunal de Justiça (Portugal) lodged on 31 December 2020 — RTL Television GmbH v Grupo Pestana S.G.P.S., S.A., SALVOR — Sociedade de Investimento Hoteleiro, S.A.
      (Case C-716/20)
      (2021/C 110/24)
      Language of the case: Portuguese
      
         Referring court
      
      Supremo Tribunal de Justiça
      
         Parties to the main proceedings
      
      
         Applicant: RTL Television GmbH
      
         Defendants: Grupo Pestana S.G.P.S., S.A., SALVOR — Sociedade de Investimento Hoteleiro, S.A.
      
         Questions referred
      
      
                  1.
               
               
                  Must the concept of ‘cable retransmission’, as provided for in Article 1(3) of Council Directive 93/83/EEC of 27 September 1993, (1) be interpreted as meaning that it covers, in addition to the simultaneous transmission by one broadcasting organisation of a broadcast by another broadcasting organisation, the distribution to the public, on a simultaneous basis and entirely by cable, of a primary broadcast of television or radio programmes intended for reception by the public (whether or not the person performing that distribution to the public is a broadcasting organisation)?
               
            
                  2.
               
               
                  Does the simultaneous distribution of the satellite broadcasts of a television channel, through television sets installed in hotel rooms, and by means of coaxial cable, constitute a retransmission of such broadcasts within the meaning of the concept provided for in Article 1(3) of Council Directive 93/83/EEC of 27 September 1993?
               
            
         (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).