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Joined Cases C-775/21 and C-826/21, Blue Air Aviation and Others: Judgment of the Court (Sixth Chamber) of 20 April 2023 (requests for a preliminary ruling from the Curtea de Apel Bucureşti — Romania) — Blue Air Aviation SA v UCMR — ADA Asociaţia pentru Drepturi de Autor a Compozitorilor (C-775/21) and Uniunea Producătorilor de Fonograme din România (UPFR) v Societatea Națională de Transport Feroviar de Călători (SNTFC) ‘CFR Călători’ SA (C-826/21) (Reference for a preliminary ruling — Intellectual property — Copyright and related rights — Directive 2001/29/EC — Article 3(1) — Communication to the public — Concept — Broadcasting of background music — Directive 2006/115/EC — Article 8(2) — Equitable remuneration — Mere provision of physical facilities — Sound equipment on board trains and aircraft — Presumption of communication to the public)
ECLI:EU:UNKNOWN:62021CA0775
62021CA0775
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12.6.2023
Official Journal of the European Union
C 205/10
(Joined Cases C-775/21 and C-826/21, (1) Blue Air Aviation and Others)
(Reference for a preliminary ruling - Intellectual property - Copyright and related rights - Directive 2001/29/EC - Article 3(1) - Communication to the public - Concept - Broadcasting of background music - Directive 2006/115/EC - Article 8(2) - Equitable remuneration - Mere provision of physical facilities - Sound equipment on board trains and aircraft - Presumption of communication to the public)
(2023/C 205/11)
Language of the case: Romanian
Referring court
Parties to the main proceedings
Applicants: Blue Air Aviation SA (C-775/21), Uniunea Producătorilor de Fonograme din România (UPFR) (C-826/21)
Defendants: UCMR — ADA Asociaţia pentru Drepturi de Autor a Compozitorilor (C-775/21), Societatea Națională de Transport Feroviar de Călători (SNTFC) ‘CFR Călători’ SA (C-826/21)
Operative part of the judgment
1.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
must be interpreted as meaning that the broadcasting, in a means of passenger transport, of a musical work as background music constitutes a communication to the public within the meaning of that provision.
2.Article 3(1) of Directive 2001/29 and Article 8(2) 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
must be interpreted as meaning that the installation, on board a means of transport, of sound equipment, and, where appropriate, of software enabling the broadcasting of background music, does not constitute a communication to the public within the meaning of those provisions.
3.Article 8(2) of Directive 2006/115
must be interpreted as precluding national legislation, as interpreted by the national courts, which establishes a rebuttable presumption that musical works are communicated to the public because of the presence of sound systems in means of transport.
(1) OJ C 191, 10.5.2022.