Case C-195/06: Judgment of the Court (Fourth Chamber) of 18 October 2007 (reference for a preliminary ruling from the Bundeskommunikationssenat (Austria)) — Kommunikationsbehörde Austria (KommAustria) v Österreichischer Rundfunk (ORF) (Freedom to provide services — Television broadcasting activities — Directives 89/552/EEC and 97/36/EC — Definition of teleshopping and television advertising — Prize game)
Date: 2007-12-22
Institutions: Court of Justice
Subjects: advertising, audiovisual programme, distance selling, game of chance, interpretation of the law

22.12.2007

EN

Official Journal of the European Union

C 315/15

Parties to the main proceedings

Parties to the main proceedings

Applicant: Ministero delle Finanze

Defendant: CO.GE.P. Srl

Re:

Reference for a preliminary ruling — Corte Suprema di Cassa-
zione — Interpretation of Article 13B(b) of Sixth Council Direc-
tive 77/388/EEC of 17 May 1977 on the harmonisation of the
laws of
taxes —
the Member States relating to turnover
Common system of value added tax: uniform basis of assess-
ment (OJ 1977 L 145, p. 1) — Exemption for the letting of
immovable property — Concession in respect of use of prop-
erty owned by the State

Operative part of the judgment

Article 13B(b) of the Sixth Council Directive 77/388/EEC of 17 May
1977 on the harmonisation of the laws of the Member States relating
to turnover taxes — Common system of value added tax: uniform
basis of assessment must be interpreted as meaning that a legal rela-
tionship such as that at issue in the main proceedings, under which a
person has been granted the right to occupy and use, including exclu-
sively, public property, namely areas of State maritime property, for a
specified period and against payment,
is covered by the concept of
‘leasing or letting of immovable property’ within the meaning of that
Article.

(1) OJ C 154, 1.7.2006.

Applicant: Kommunikationsbehörde Austria (KommAustria)

Defendant: Österreichischer Rundfunk (ORF)

Re:

Reference for a preliminary ruling — Bundeskommunikations-
senat — Interpretation of Article 1(c) and (f) of Council Direc-
tive 89/552/EEC of 3 October 1989 on the coordination of
certain provisions laid down by Law, Regulation or Administra-
tive Action in Member States concerning the pursuit of televi-
sion 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) — Television
broadcast offering viewers the opportunity to participate in a
prize game by means of dialling a special telephone number —
Definition of ‘television advertising’ and ‘teleshopping’

Operative part of the judgment

On a proper
construction of Article 1 of Council Directive
89/552/EEC of 3 October 1989 on the coordination of certain provi-
sions laid down by Law, Regulation or Administrative Action in
Member States concerning the pursuit of television broadcasting activ-
ities, as amended by Directive 97/36/EC of the European Parliament
and of the Council of 30 June 1997, a broadcast or part of a broad-
cast during which a television broadcaster offers viewers the opportunity
to participate in a prize game by means of immediately dialling a
premium rate telephone number, and thus in return for payment,

Judgment of the Court (Fourth Chamber) of 18 October
a preliminary ruling from the
2007 (reference
Bundeskommunikationssenat
(Austria)) — Kommunika-
tionsbehörde Austria (KommAustria) v Österreichischer
Rundfunk (ORF)

for

(Case C-195/06) (1)

— is covered by the definition given by Article 1(f) of teleshopping if
that broadcast or part of a broadcast represents a real offer of
services having regard to the purpose of the broadcast of which the
game forms part, the significance of the game within the broadcast
in terms of time and of anticipated economic effects in relation to
those expected in respect of that broadcast as a whole and also to
the type of questions which the candidates are asked;

(Freedom to provide services — Television broadcasting
activities — Directives 89/552/EEC and 97/36/EC — Defini-
tion of ‘teleshopping’ and ‘television advertising’ — Prize
game)

(2007/C 315/24)

Language of the case: German

— is covered by the definition given by Article 1(c) of television adver-
tising if, on the basis of the purpose and content of that game and
the circumstances in which the prizes to be won are presented, the
game consists of an announcement which seeks
to encourage
viewers to buy the goods and services presented as prizes to be won
or seeks to promote the merits of the programmes of the broad-
caster in question indirectly in the form of self-promotion.

(1) OJ C 243, 1.10.2005.

Referring court

Bundeskommunikationssenat