Communication to the public (transport): has the ECJ added an extra layer of complexity to the requirement for an act of intervention?

In Joined Cases Blue Air Aviation and UPFR , the European Court of Justice ( ECJ) recently ruled that the broadcasting of protected works via address systems installed in airplanes and trains (respectively) would constitute an act of communication to the public. However, interestingly, when such systems are installed for public safety reasons, the installation of such systems does not in itself constitute an act of communication to the public. As this decision arguably represents different interpretations of some of the principles used to determine liability for an act of communication to the public, this article examines the reasons for the decision, and assesses the likely implications of it.