Judgment_paragraph 49 · Blue Air Aviation SA v UCMR – ADA Asociaţia pentru Drepturi de Autor a Compozitorilor and Uniunea Producătorilor de Fonograme din România (UPFR) v Societatea Naţională de Transport Feroviar de Călători (SNTFC) 'CFR Călători' SA (C-775/21)

49Among those criteria, the Court has emphasised, first, the indispensable role played by the user and the deliberate nature of his or her intervention. That user makes an act of communication when he or she intervenes, in full knowledge of the consequences of his or her action, to give his or her customers access to a protected work, particularly where, in the absence of that intervention, those customers would not, in principle, be able to enjoy the broadcast work (judgment of 14 June 2017, Stichting Brein, C‑610/15, EU:C:2017:456, paragraph 26 and the case-law cited).