# C_2006178EN.01001601.xml

| 29.7.2006 | EN | Official Journal of the European Union | C 178/16 |
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29.7.2006

EN

Official Journal of the European Union

C 178/16

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Reference for a preliminary ruling from the Bundeskommunikationssenats (Austria) lodged on 27 April 2006 — Österreichischer Rundfunk (ORF)

(Case C-195/06)

(2006/C 178/26)

Language of the case: German

Referring court

Bundeskommunikationssenats (Austria)

Party to the main proceedings

Österreichischer Rundfunk (ORF)

Questions referred

| 1. | Should Article 1(f) of Council Directive 89/552/EEC (1) of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, in the version of Directive 97/36/EC (2) of the European Parliament and of the Council of 30 June 1997 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities be interpreted to the effect that ‘teleshopping’ includes broadcasts or parts of broadcasts in which the broadcaster offers viewers the opportunity to participate in the broadcaster's prize games by means of immediately dialling premium rate telephone numbers, and thus in return for payment? |
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1.

Should Article 1(f) of Council Directive 89/552/EEC (1) of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, in the version of Directive 97/36/EC (2) of the European Parliament and of the Council of 30 June 1997 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities be interpreted to the effect that ‘teleshopping’ includes broadcasts or parts of broadcasts in which the broadcaster offers viewers the opportunity to participate in the broadcaster's prize games by means of immediately dialling premium rate telephone numbers, and thus in return for payment?

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| 2. | In the event that the answer to that question is no: should Article 1(c) of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, in the version of Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, be interpreted to the effect that ‘television advertising’ includes announcements in broadcasts or parts of broadcasts where the broadcaster offers viewers the opportunity to participate in the broadcaster's prize games by means of immediately dialling premium rate telephone numbers, and thus in return for payment? |
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2.

In the event that the answer to that question is no: should Article 1(c) of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, in the version of Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, be interpreted to the effect that ‘television advertising’ includes announcements in broadcasts or parts of broadcasts where the broadcaster offers viewers the opportunity to participate in the broadcaster's prize games by means of immediately dialling premium rate telephone numbers, and thus in return for payment?

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(1)  OJ 298, p. 23.

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(2)  OJ 202, p. 60.

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