Opinion of the Advocate General — ECLI:EU:C:2003:303
Date: 2003-05-22
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom to provide services
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 
1. Freedom to provide services — Television broadcasting — Directive 89/552 — 
Television advertising — Frequency of advertising slots during broadcasts — 
Increased protection of audiovisual works — 'Films made for television' — Mean­
ing — Films providing, from their conception, for breaks for the insertion of 
advertising — Included 
(Council Directive 89/552, Art. 11(3)) 
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SUMMARY — CASE C-245/01 
2. Freedom to provide services — Television broadcasting — Directive 89/552 — 
Television advertising — Frequency of advertising slots during broadcasts — 
Increased protection of audiovisual works — Exception for 'series' — Criteria 
(Council Directive 89/552, Art. 11(3)) 
1. Films which have been made for televi­
sion and which provide, from their 
conception, for breaks for the insertion 
of advertising are covered by the term 
'films made for te levis ion ' in 
Article 11(3) of Directive 89/552 con­
cerning the pursuit of television broad­
casting activities, as amended by Direc­
tive 97/36. 
They benefit therefore from the 
increased protection under that provi­
sion for audiovisual works as regards 
the frequency of advertising slots. 
(see paras 51, 55, 74, operative part 1) 
2. The connections which must link films 
in order that they can come within the 
exception laid down for 'series' by 
Article 11(3) of Directive 89/552 relat­
ing to the increased protection for 
audiovisual works as regards the fre­
quency of advertising slots, must relate 
to the content of the films concerned, 
such as, for example, the development 
of the same story from one episode to 
another or the reappearance of one or 
more characters in different episodes. 
Links based on form such as the same 
broadcasting slot, a broadcast under 
the same title or theme, or a presenta­
tion before or after the programmes 
cannot be sufficient for the purposes of 
the definition of the term 'series'. 
(see paras 103-104, 108, operative part 2) 
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