Case C-305/07: Reference for a preliminary ruling from the Tribunale civile di Genova (Italy) lodged on 2 July 2007 — Radiotelevisione italiana SpA (RAI) v PTV Programmazioni Televisive SpA
Date: 2007-09-08
Institutions: Court of Justice
Subjects: broadcasting, interpretation of the law, public service, quasi-fiscal charge, regional law, television, television equipment

C 211/22

EN

Official Journal of the European Union

8.9.2007

Reference for a preliminary ruling from the Tribunale civile
di Genova (Italy) lodged on 2 July 2007 — Radiotelevisione
italiana SpA (RAI) v PTV Programmazioni Televisive SpA

(Case C-305/07)

(2007/C 211/41)

Language of the case: Italian

Referring court

Tribunale civile di Genova (Italy)

Parties to the main proceedings

Applicant: Radiotelevisione italiana SpA (RAI)

Defendant: PTV Programmazioni Televisive SpA

Reference for a preliminary ruling from the Højesteret
(Supreme Court), Denmark lodged on 3 July 2007 —
Ruben Andersen v Kommunernes Landsforening, acting on
Skælskør
behalf

(formerly

of

Slagelse Kommune
Kommune)

(Case C-306/07)

(2007/C 211/42)

Language of the case: Danish

Referring court

Højesteret

Parties to the main proceedings

Applicant: Ruben Andersen

Questions referred

Defendant: Kommunernes Landsforening, acting on behalf of
Slagelse Kommune (formerly Skælskør Kommune)

1. Assessed at both national and local level, does the fiscal obli-
gation imposed, for the purpose of funding the public televi-
sion service, on all owners of appliances capable of receiving
radio and television signals constitute State aid within the
meaning of Article 87 EC?

licence fee but

2. If Question (1) is answered in the affirmative: is the Commis-
sion decision notified to the Italian Foreign Minister on
20 April 2005 incompatible with Community law by reason
of factual errors or misappraisal of the facts, inasmuch as it
considers the derogation under Article 86(2) EC to be
applicable to the RAI
fails to take into
consideration that: — the broadcaster holding the concession
is providing a public radio and television service at regional
level in the absence of any definition, contained in regional
legislation and specific service contracts, of the tasks which
the broadcaster is required to perform in relation to broad-
casting time and network planning for the broadcast of
programmes at regional level; — given the failure to define
the public-service obligations, it is not possible to ascertain
whether the State resources intended for public service at
local level are being used exclusively for such public-service
activities; — the broadcaster holding the concession has not
been entrusted, by means of an official act, with the perfor-
mance of specific public-service obligations but has merely
been generally authorised to provide a regional public
service?

3. In general, does Article 86 EC preclude a national rule which,
on the local markets, accords the individual Regions the
legislative power to establish further regional public-service
tasks,
to be subsidised by way of State resources, by
providing for the exclusive award of those further tasks to
RAI SpA, without any public tendering procedure?

Questions referred

1. Is Article 8(1) of Council Directive 91/533/EEC (1) of
14 October 1991 on an employer's obligation to inform
employees of the conditions applicable to the contract or
employment relationship to be interpreted as meaning that a
collective agreement which is intended to implement the
provisions of the Directive cannot be applied to an employee
who is not a member of an organisation party to that agree-
ment?

2. If Question 1 is answered in the negative: are the words in
Article 8(2) of the Directive:
‘employees not covered by a
collective agreement or by collective agreements relating to
the employment relationship’ to be interpreted as meaning
that provisions in a collective agreement or the obligation of
prior notification of the employer cannot be applied to an
employee who is not a member of an organisation party to
that agreement?

3. Do the words

in Article 8(2) of

‘temporary contract’ and ‘temporary …
employment relationship’
the Directive
refer to short-term employment relationships or to some-
thing else, such as all fixed-term employment relationships?
If
to
criteria
determine whether an employment relationship is temporary
(short-term)?

former, which

should

used

the

be

(1) OJ 1991 L 288, p. 32.