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Case C-641/15: Request for a preliminary ruling from the Handelsgericht Wien (Austria) lodged on 2 December 2015 — Verwertungsgesellschaft Rundfunk GmbH v Hettegger Hotel Edelweiss GmbH

ECLI:EU:UNKNOWN:62015CN0641

62015CN0641

December 2, 2015
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7.3.2016

Official Journal of the European Union

C 90/5

(Case C-641/15)

(2016/C 090/07)

Language of the case: German

Referring court

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 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?

Language of the case: German.

* * *

(1) OJ 2006 L 376, p. 28.

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