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)

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

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)?

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).