Odbor kompatibility s právem ES
Úřad vlády ČR
I S A P
Informační Systém pro Aproximaci Práva
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):		61993J0023
Název:
Title: 		JUDGMENT OF THE COURT (FIFTH CHAMBER) OF 5 OCTOBER 1994. TV10 SA V COMMISSARIAAT VOOR DE MEDIA. REFERENCE FOR A PRELIMINARY RULING: RAAD VAN STATE - NETHERLANDS. FREEDOM TO PROVIDE SERVICES - NATIONAL LEGISLATION DESIGNED TO MAINTAIN A PLURALIST, NON-COMMERCIAL BROADCASTING NETWORK. CASE C-23/93.
Publikace:
Publication:		REPORTS OF CASES 1994 PAGES I-4795
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 CONCEPT OF "PROVISION OF SERVICES" REFERRED TO IN ARTICLES 59 AND 60 OF THE TREATY COVERS THE TRANSMISSION, VIA CABLE NETWORK OPERATORS ESTABLISHED IN ONE MEMBER STATE, OF TELEVISION PROGRAMMES SUPPLIED BY A BROADCASTING BODY ESTABLISHED IN ANOTHER MEMBER STATE, EVEN IF THAT BODY ESTABLISHED ITSELF THERE IN ORDER TO AVOID THE LEGISLATION APPLICABLE IN THE RECEIVING STATE TO DOMESTIC BROADCASTERS.

2. A MEMBER STATE CANNOT BE DENIED THE RIGHT TO TAKE MEASURES TO PREVENT THE EXERCISE BY A PERSON PROVIDING SERVICES WHOSE ACTIVITY IS WHOLLY OR PRINCIPALLY DIRECTED TOWARDS ITS TERRITORY OF THE FREEDOMS GUARANTEED BY THE TREATY FOR THE PURPOSE OF AVOIDING THE RULES WHICH WOULD BE APPLICABLE TO HIM IF HE WERE ESTABLISHED WITHIN THAT STATE. THE TREATY PROVISIONS ON FREEDOM TO PROVIDE SERVICES CANNOT THEREFORE BE INTERPRETED AS PRECLUDING A MEMBER STATE FROM TREATING AS A DOMESTIC BROADCASTER A BROADCASTING BODY CONSTITUTED UNDER THE LAW OF ANOTHER MEMBER STATE AND ESTABLISHED IN THAT STATE BUT WHOSE ACTIVITIES ARE WHOLLY OR PRINCIPALLY DIRECTED TOWARDS THE TERRITORY OF THE FIRST MEMBER STATE, IF THAT BROADCASTING BODY WAS ESTABLISHED THERE IN ORDER TO AVOID THE RULES ADOPTED BY THE FIRST MEMBER STATE AS PART OF A CULTURAL POLICY INTENDED TO ESTABLISH A PLURALIST AND NON-COMMERCIAL RADIO AND TELEVISION BROADCASTING SYSTEM.

Plný text judikátu (Entire text of the Judgment):