Case C-380/05: Judgment of the Court (Fourth Chamber) of 31 January 2008 (reference for a preliminary ruling from the Consiglio di Stato (Italy) — Centro Europa 7 Srl v Ministero delle Comunicazioni e Autorità per le Garanzie nelle Comunicazioni, Direzione Generale Autorizzazioni e Concessioni Ministero delle Comunicazioni (Freedom to provide services — Electronic communications — Television broadcasting activities — New common regulatory framework — Allocation of radio frequencies)
Date: 2008-01-31
Institutions: Court of Justice
Subjects: Italy, award of contract, broadcasting, competition, freedom to provide services, interpretation of the law, pluralism in the media, television

C 79/2

EN

Official Journal of the European Union

29.3.2008

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (Fourth Chamber) of 31 January
2008 (reference for a preliminary ruling from the Consiglio
di Stato (Italy) — Centro Europa 7 Srl v Ministero delle
nelle
Comunicazioni
e
Comunicazioni, Direzione Generale Autorizzazioni

le Garanzie

e Autorità

per

Concessioni Ministero delle Comunicazioni

(Case C-380/05) (1)

(Freedom to provide services — Electronic communications —
Television broadcasting activities — New common regulatory
framework — Allocation of radio frequencies)

(2008/C 79/02)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: Centro Europa 7 Srl

Defendants: Ministero delle Comunicazioni e Autorità per le
Garanzie nelle Comunicazioni, Direzione Generale Autorizza-
zioni e Concessioni Ministero delle Comunicazioni

and of the Council of 7 March 2002 on the authorisation of
electronic communications networks and services (Authori-
(OJ 2002 L 108, p. 21) and Directive
sation Directive)
2002/21/EC of the European Parliament and of the Council of
7 March 2002 on a common regulatory framework for elec-
tronic communications networks and services
(Framework
Directive) (OJ 2002 L 108, p. 33) — Interpretation of Article 10
of the European Convention on Human Rights — Obligation
on Member States, in the sector of television broadcasting activ-
ities, to ensure access to networks and maintain multiplicity of
undertakings on the market — National regulations allowing
the grant of individual rights to undertakings not authorised
under the national plan determining the licensees of television
broadcasting
an undertaking
and not
authorised under the national plan to carry on its activities

allowing

services

Operative part of the judgment

Article 49 EC and, from the date on which they became applicable,
Article 9(1) of Directive 2002/21/EC of the European Parliament
and of the Council of 7 March 2002 on a common regulatory frame-
work for electronic communications networks and services (Framework
Directive), Article 5(1), the second subparagraph of Article 5(2) and
Article 7(3) of Directive 2002/20/EC of the European Parliament
and of the Council of 7 March 2002 on the authorisation of electronic
communications networks and services (Authorisation Directive), and
Article 4 of Commission Directive 2002/77/EC of 16 September
2002 on competition in the markets for electronic communications
networks and services must be interpreted as precluding, in television
broadcasting matters, national
legislation the application of which
makes it impossible for an operator holding rights to broadcast in the
absence of broadcasting radio frequencies granted on the basis of objec-
tive, transparent, non-discriminatory and proportionate criteria.

Re:

(1) OJ C 10, 14.1.2006.

Reference for a preliminary ruling — Consiglio di Stato — Inter-
pretation of Directive 2002/20/EC of the European Parliament