# C_2009312EN.01002001.xml

| 19.12.2009 | EN | Official Journal of the European Union | C 312/20 |
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19.12.2009

EN

Official Journal of the European Union

C 312/20

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Reference for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 2 October 2009 — Reti Televisive Italiane SpA (RTI) v Autorità per le Garanzie nelle Communicazioni

(Case C-390/09)

2009/C 312/32

Language of the case: Italian

Referring court

Referring court

Consiglio di Stato

Parties to the main proceedings

Parties to the main proceedings

Applicant: Reti Televisive Italiane SpA. (RTI)

Applicant:

Defendant: Autorità per le Garanzie nelle Communicazioni

Defendant:

Questions referred

Questions referred

| 1. | Are Articles 18 and 18a of Directive 89/552/EEC, (1) as amended by Directive 97/36/EC, (2) to be regarded as being sufficiently precise and unconditional as to be capable, after the period for transposition has expired, of taking precedence over conflicting provisions of domestic law, of supplementing, on a correct interpretation of the third paragraph of Article 249 EC, the relevant national provisions, and of being implemented by an administrative authority, such as AGCOM, which is invested with the power to implement regulations under national law? |
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1.

Are Articles 18 and 18a of Directive 89/552/EEC, (1) as amended by Directive 97/36/EC, (2) to be regarded as being sufficiently precise and unconditional as to be capable, after the period for transposition has expired, of taking precedence over conflicting provisions of domestic law, of supplementing, on a correct interpretation of the third paragraph of Article 249 EC, the relevant national provisions, and of being implemented by an administrative authority, such as AGCOM, which is invested with the power to implement regulations under national law?

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| 2. | Are Articles 18 and 18a of Directive 89/552/EEC, as amended by Directive 97/36/EC, to be interpreted as meaning that, in view of the mandatory minimum duration of 15 minutes applicable to teleshopping windows, any other form of teleshopping, including windows lasting more than 3 minutes but less than 15 minutes, must be classified as a “teleshopping spot” subject to the hourly limits applicable to advertising spots? |
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2.

Are Articles 18 and 18a of Directive 89/552/EEC, as amended by Directive 97/36/EC, to be interpreted as meaning that, in view of the mandatory minimum duration of 15 minutes applicable to teleshopping windows, any other form of teleshopping, including windows lasting more than 3 minutes but less than 15 minutes, must be classified as a “teleshopping spot” subject to the hourly limits applicable to advertising spots?

| 3. | Are Articles 1(c), 10, 11 and 18(3) of Directive 89/552/EEC, as amended by Directive 97/36/EC, to be interpreted as meaning that announcements made by a broadcaster in connection with its own programmes and broadcast free of charge are to be regarded as advertising for the purposes of the rules governing the way in which messages are distinguished from the rest of the programme and advertising inserted in television broadcasts? |
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3.

Are Articles 1(c), 10, 11 and 18(3) of Directive 89/552/EEC, as amended by Directive 97/36/EC, to be interpreted as meaning that announcements made by a broadcaster in connection with its own programmes and broadcast free of charge are to be regarded as advertising for the purposes of the rules governing the way in which messages are distinguished from the rest of the programme and advertising inserted in television broadcasts?

| 4. | Are Articles 1(c), 10, 11 and 18(3) of Directive 89/552/EEC, as amended by Directive 97/36/EC, to be interpreted as meaning that the institutional information and communication activities referred to in Italian Law No 150 of 7 June 2000, including messages of social value and messages of public interest, are to be regarded as advertising for the purposes of the rules governing the way in which advertising messages are distinguished from the rest of the programme and advertising inserted in television broadcasts? |
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4.

Are Articles 1(c), 10, 11 and 18(3) of Directive 89/552/EEC, as amended by Directive 97/36/EC, to be interpreted as meaning that the institutional information and communication activities referred to in Italian Law No 150 of 7 June 2000, including messages of social value and messages of public interest, are to be regarded as advertising for the purposes of the rules governing the way in which advertising messages are distinguished from the rest of the programme and advertising inserted in television broadcasts?

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(1)  OJ 1989 L 298, p. 23.

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(2)  OJ 1997 L 265, p. 42.

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