7.3.2016
EN
Official Journal of the European Union
C 90/5
Request for a preliminary ruling from the Handelsgericht Wien (Austria) lodged on 2 December 2015 — Verwertungsgesellschaft Rundfunk GmbH v Hettegger Hotel Edelweiss GmbH
(Case C-641/15)
(2016/C 090/07)
Language of the case: German
Referring court
Handelsgericht Wien
Parties to the main proceedings
Applicant: Verwertungsgesellschaft Rundfunk GmbH
Defendant: Hettegger Hotel Edelweiss GmbH
Question referred
Is the condition of ‘against [payment] of an entrance fee’ laid down in Article 8(3) of Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (1) satisfied where;
—
through the TV set made available in each room of a hotel, the hotel operator provides access to the signal for various television and radio channels (‘hotel room TV’), and
—
for use of the room (including hotel room TV), the hotel operator charges a fee per room per night (room rate) which also includes use of the TV set and the television and radio channels to which access is thereby provided?
(1) OJ 2006 L 376, p. 28.
Full & Egal Universal Law Academy