Judgment of the Court (Fifth Chamber) of 23 October 2003 in Case C-245/01 (Reference for a preliminary ruling from the Niedersächsisches Oberverwaltungsgericht): RTL Television GmbH v Niedersächsische Landesmedienanstalt für privaten Rundfunk (Directive 89/552/EEC — Article 11(3) — Television broadcasting — Television advertising — Advertising breaks in audiovisual works — Definition of "series")
Date: 2003-12-13
Institutions: Court of Justice
Subjects: advertising, artistic creation, audiovisual communications policy, broadcasting, interpretation of the law, television

13.12.2003

EN

Official Journal of the European Union

C 304/3

2.

3.

Refers the case back to the Court of First Instance;

2.

Reserves the costs.

(1) OJ C 200 of 14.07.2001.

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 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.

(1) OJ C 289 of 13.10.2001.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 23 October 2003

in Case C-245/01 (Reference for a preliminary ruling from
the Niedersächsisches Oberverwaltungsgericht): RTL
Television GmbH v Niedersächsische Landesmedienan-
stalt für privaten Rundfunk (1)

(Directive 89/552/EEC — Article 11(3) — Television broad-
casting — Television advertising — Advertising breaks in
audiovisual works — Definition of ‘series’)

(2003/C 304/04)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-245/01: Reference to the Court under Article 234
EC by the Niedersächsisches Oberverwaltungsgericht (Ger-
many) for a preliminary ruling in the proceedings pending
before that court between RTL Television GmbH and Nieder-
sächsische Landesmedienanstalt für privaten Rundfunk, on the
interpretation of Article 11(3) 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 (OJ 1989 L 298, p. 23), as amended by
Directive 97/36/EC of the European Parliament and of the
Council of 30 June 1997 (OJ 1997 L 202, p. 60), the
Court (Fifth Chamber), composed of: C.W.A. Timmermans
(Rapporteur), President of the Fourth Chamber, acting for the
President of the Fifth Chamber, D.A.O. Edward and P. Jann,
Judges; F.G. Jacobs, Advocate General; M.-F. Contet, Principal
Administrator, for the Registrar, has given a judgment on
23 October 2003, in which it has ruled:

1.

covered by the

term ‘films made

Films which have been made for television and which provide,
from their conception, for breaks for the insertion of advertising
are
in
Article 11(3) 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, as
amended by Directive 97/36/EC of the European Parliament
and of the Council of 30 June 1997.

television’

for

JUDGMENT OF THE COURT

of 21 October 2003

In Joined Cases C-261/01 and C-262/01 (Reference for a
preliminary ruling from the Hof van Beroep te Antwer-
pen): Belgische Staat v Eugene Van Calster, Felix Cleeren
(C-261/01) and between Belgische Staat and Openbaar
Slachthuis NV (C-262/01) (1)

(Aid financed by parafiscal charges — Compulsory charges
to finance a fund for animal health and livestock production
— Retroactive effect of the charges — Validity of a
Commission decision concerning State aid — Powers of the
Commission)

(2003/C 304/05)

(Language of the case: Dutch)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Joined Cases C-261/01 and C-262/01: Reference to the
Court under Article 234 EC by the Hof van Beroep te
Antwerpen (Belgium) for a preliminary ruling in the proceed-
ings pending before that court between Belgische Staat and
Eugene Van Calster, Felix Cleeren (C-261/01) and between
Belgische Staat and Openbaar Slachthuis NV (C-262/01), on
the interpretation of Community law,
in particular of
Article 93 of the EC Treaty (now Article 88 EC) and Article 173
of the EC Treaty (now, after amendment, Article 230 EC) and
of the Commission Decision of 9 August 1996 relating to aid
measure No N 366/96, the Court, composed of: V. Skouris,
President, P. Jann, C.W.A. Timmermans (Rapporteur), C. Gul-
mann,
J.N. Cunha Rodrigues and A. Rosas (Presidents of
Chambers), D.A.O. Edward, A. La Pergola, J.-P. Puissochet,
R. Schintgen, F. Macken, N. Colneric and S. von Bahr, Judges;
F.G.
Jacobs, Advocate General; H. von Holstein, Deputy
Registrar, has given a judgment on 21 October 2003, in which
it has ruled: