In the case C-136/09 dealing with application of preliminary ruling in the framework of the litigation between Organismos Sillogikis Diacheirisis Dimiourgon Theatrikon kai Optikoakoustikon Ergon v Divani Acropolis AE, the Court of Justice decided that the installation of television sets in hotel rooms, without any other action or intervention by the hotelier, constitutes communication of the work to the public within the meaning of Article 3(1) of Directive 2001/29/EC (similar case C-306/05 (SGAE) v Rafael Hoteles SA).
To view the decision of case C-131/09 press here