Case C-622/17: Judgment of the Court (Second Chamber) of 4 July 2019 (request for a preliminary ruling from the Vilniaus apygardos administracinis teismas — Lithuania) — Baltic Media Alliance Ltd v Lietuvos radijo ir televizijos komisija (Reference for a preliminary ruling — Freedom to provide services — Directive 2010/13/EU — Audiovisual media services — Television broadcasting — Article 3(1) and (2) — Freedom of reception and retransmission — Incitement to hatred on grounds of nationality — Measures taken by the receiving Member State — Temporary obligation for media service providers and other persons providing services relating to the distribution of television channels or programmes via the internet to distribute or retransmit a television channel in the territory of that Member State only in pay-to-view packages)
Date: 2019-07-04
Institutions: Court of Justice
Subjects: Internet, access to information, audiovisual industry, broadcasting, cable distribution, programmes industry, video communications, xenophobia








C_2019305EN.01000501.xml










9.9.2019   


EN


Official Journal of the European Union


C 305/5






Judgment of the Court (Second Chamber) of 4 July 2019 (request for a preliminary ruling from the Vilniaus apygardos administracinis teismas — Lithuania) — Baltic Media Alliance Ltd v Lietuvos radijo ir televizijos komisija
(Case C-622/17) (1)

(Reference for a preliminary ruling - Freedom to provide services - Directive 2010/13/EU - Audiovisual media services - Television broadcasting - Article 3(1) and (2) - Freedom of reception and retransmission - Incitement to hatred on grounds of nationality - Measures taken by the receiving Member State - Temporary obligation for media service providers and other persons providing services relating to the distribution of television channels or programmes via the internet to distribute or retransmit a television channel in the territory of that Member State only in pay-to-view packages)
(2019/C 305/05)
Language of the case: Lithuanian

Referring court

Vilniaus apygardos administracinis teismas

Parties to the main proceedings


Applicant: Baltic Media Alliance Ltd

Defendant: Lietuvos radijo ir televizijos komisija

Operative part of the judgment

Article 3(1) and (2) of Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) must be interpreted as meaning that a public policy measure adopted by a Member State, consisting in an obligation for media service providers whose programmes are directed towards the territory of that Member State and for other persons providing consumers of that Member State with services relating to the distribution of television channels or programmes via the internet to distribute or retransmit in the territory of that Member State, for a period of 12 months, a television channel from another Member State only in pay-to-view packages, without however restricting the retransmission as such in the territory of the first Member State of the television programmes of that channel, is not covered by that provision.


(1)  OJ C 52, 12.2.2018.