Request for a preliminary ruling from the Oberlandesgericht München (Germany) lodged on 24 November 2022 – Citadines Betriebs GmbH v MPLC Deutschland GmbH
(Case C-723/22)
Language of the case: German
Referring court
Oberlandesgericht München
Parties to the main proceedings
Appellant: Citadines Betriebs GmbH
Respondent: MPLC Deutschland GmbH
Question referred
Must Article 3(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 March 2001 on the harmonisation of certain aspects of copyright and related rights in the information society 1 be interpreted as precluding a national provision or practice according to which the provision of physical facilities for enabling or making a communication – such as television sets in hotel rooms or hotel fitness rooms – is regarded as communication to the public when, while the transmission signal, in addition, is retransmitted to the physical facilities via the hotel’s own cable distribution system, that cable retransmission takes place lawfully on the basis of a licence acquired by the hotel?
____________
1 OJ 2001 L 167, p. 10.