Keywords

Summary



Keywords

1 . FREEDOM TO PROVIDE SERVICES - PROVISIONS OF THE TREATY - MATTERS COVERED - BROADCAST OF TELEVISION SIGNALS - TRANSMISSION OF SIGNALS BY CABLE DIFFUSION OF TELEVISION - INCLUSION

( EEC TREATY , ARTS . 59 AND 60 )

2 . FREEDOM TO PROVIDE SERVICES - PROVISIONS OF THE TREATY - NOT APPLICABLE TO SITUATIONS WITHIN A MEMBER STATE

( EEC TREATY , ARTS . 59 AND 60 )

3 . FREEDOM TO PROVIDE SERVICES - RESTRICTIONS - NATIONAL RULES PROHIBITING TELEVISION ADVERTISING - GROUNDS OF GENERAL INTEREST - PERMISSIBLE - CONDITIONS

( EEC TREATY , ARTS . 59 AND 60 )

4 . FREEDOM TO PROVIDE SERVICES - RESTRICTIONS - NATIONAL RULES PROHIBITING TELEVISION ADVERTISING - INFRINGEMENT OF THE PRINCIPLE OF PROPORTIONALITY AND OF THE PROHIBITION OF DISCRIMINATION - ABSENT

( EEC TREATY , ARTS . 59 AND 60 )

5 . COMMUNITY LAW - PRINCIPLES - EQUALITY OF TREATMENT - DISCRIMINATION - CONCEPT - NATURAL INEQUALITY - EXCLUDED

Summary

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 .