Odbor kompatibility s právem ES
Úřad vlády ČR
I S A P
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Databáze č. 17 : Databáze judikatury
ă Odbor kompatibility s právem ES, Úřad vlády ČR - určeno pouze pro potřebu ministerstev a ostatních ústředních orgánů

Číslo (Kód CELEX):
Number (CELEX Code):		61979J0052
Název:
Title: 		JUDGMENT OF THE COURT OF 18 MARCH 1980. PROCUREUR DU ROI V MARC J.V.C. DEBAUVE AND OTHERS. PRELIMINARY RULING REQUESTED BY THE TRIBUNAL CORRECTIONNEL OF LIEGE. PROVISION OF SERVICES : CABLE DIFFUSION OF TELEVISION. CASE 52-79.
Publikace:
Publication:		REPORTS OF CASES 1980 PAGES 0833
Předmět (klíčová slova):
Keywords		FREEDOM OF ESTABLISHMENT AND SERVICES;FREE MOVEMENT OF SERVICES;
Související předpisy:
Corresponding acts:		157E059;157E060
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. THE BROADCASTING OF TELEVISION SIGNALS, INCLUDING THOSE IN THE NATURE OF ADVERTISEMENTS, COMES, AS SUCH, WITHIN THE RULES OF THE TREATY RELATING TO SERVICES. THE SAME IS TRUE OF THE TRANSMISSION OF SUCH SIGNALS BY CABLE TELEVISION.

2. THE PROVISIONS OF THE EEC TREATY ON FREEDOM TO PROVIDE SERVICES CANNOT APPLY TO ACTIVITIES WHOSE RELEVANT ELEMENTS ARE CONFINED WITHIN A SINGLE MEMBER STATE. WHETHER THAT IS THE CASE DEPENDS ON FINDINGS OF FACT WHICH ARE FOR THE NATIONAL COURT TO ESTABLISH.

3. ARTICLES 59 AND 60 OF THE EEC TREATY DO NOT PRECLUDE NATIONAL RULES PROHIBITING THE TRANSMISSION OF ADVERTISEMENTS BY CABLE TELEVISION - AS THEY PROHIBIT THE BROADCASTING OF ADVERTISEMENTS BY TELEVISION - IF THOSE RULES ARE APPLIED WITHOUT DISTINCTION AS REGARDS THE ORIGIN, WHETHER NATIONAL OR FOREIGN, OF THOSE ADVERTISEMENTS, THE NATIONALITY OF THE PERSON PROVIDING THE SERVICE, OR THE PLACE WHERE HE IS ESTABLISHED. INDEED, IN THE ABSENCE OF ANY HARMONIZATION OF THE RELEVANT NATIONAL LAWS, A PROHIBITION OF THIS TYPE FALLS WITHIN THE RESIDUAL POWER OF EACH MEMBER STATE TO REGULATE, RESTRICT OR EVEN TOTALLY PROHIBIT TELEVISION ADVERTISING IN ITS TERRITORY ON GROUNDS OF GENERAL INTEREST, EVEN IF THAT PROHIBITION EXTENDS TO SUCH ADVERTISING ORIGINATING IN ANOTHER MEMBER STATE.

4. NATIONAL RULES PROHIBITING THE TRANSMISSION BY CABLE TELEVISION OF ADVERTISEMENTS CANNOT BE REGARDED AS CONSTITUTING EITHER A DISPROPORTIONATE MEASURE IN RELATION TO THE OBJECTIVE TO BE ACHIEVED, IN THAT THE PROHIBITION IN QUESTION IS RELATIVELY INEFFECTIVE IN VIEW OF THE EXISTENCE OF NATURAL RECEPTION ZONES, OR DISCRIMINATION WHICH IS PROHIBITED BY THE TREATY IN REGARD TO FOREIGN BROADCASTERS, IN THAT THEIR GEOGRAPHICAL LOCATION ALLOWS THEM TO BROADCAST THEIR SIGNALS ONLY IN THE NATURAL RECEPTION ZONE.

5. DIFFERENCES IN SITUATION, WHICH ARE DUE TO NATURAL PHENOMENA, CANNOT BE DESCRIBED AS'' DISCRIMINATION'' WITHIN THE MEANING OF THE EEC TREATY; THE LATTER REGARDS ONLY DIFFERENCES IN TREATMENT ARISING FROM HUMAN ACTIVITY, AND ESPECIALLY FROM MEASURES TAKEN BY PUBLIC AUTHORITIES, AS DISCRIMINATION. THE COMMUNITY HAS NO DUTY TO TAKE STEPS TO ERADICATE DIFFERENCES WHICH ARE THE CONSEQUENCE OF NATURAL INEQUALITIES.

Plný text judikátu (Entire text of the Judgment):