Case C-719/18: Judgment of the Court (Fifth Chamber) of 3 September 2020 (request for a preliminary ruling from the Tribunale amministrativo regionale per il Lazio — Italy) — Vivendi SA v Autorità per le Garanzie nelle Comunicazioni (Reference for a preliminary ruling — Electronic communications — Article 11(2) of the Charter of Fundamental Rights of the European Union — Freedom and pluralism of the media — Freedom of establishment — Article 49 TFEU — Directive 2002/21/EC — Articles 15 and 16 — National legislation prohibiting an undertaking which has significant market power in a sector from establishing a ‘significant economic dimension’ in another sector — Calculation of revenues received in the electronic communications sector and the media sector — Definition of the electronic communications sector — Restriction to markets which have been subject to ex ante regulation — Account taken of the income of affiliated companies — Fixing of different income thresholds for undertakings active in the electronic communications sector)
Date: 2020-09-03
Institutions: Court of Justice
Subjects: EU Member State, establishment, freedom of expression, mass media, national law, pluralism in the media, revenue, right of establishment, telecommunications








C_2020378EN.01000301.xml










9.11.2020   


EN


Official Journal of the European Union


C 378/3






Judgment of the Court (Fifth Chamber) of 3 September 2020 (request for a preliminary ruling from the Tribunale amministrativo regionale per il Lazio — Italy) — Vivendi SA v Autorità per le Garanzie nelle Comunicazioni
(Case C-719/18) (1)

(Reference for a preliminary ruling - Electronic communications - Article 11(2) of the Charter of Fundamental Rights of the European Union - Freedom and pluralism of the media - Freedom of establishment - Article 49 TFEU - Directive 2002/21/EC - Articles 15 and 16 - National legislation prohibiting an undertaking which has significant market power in a sector from establishing a ‘significant economic dimension’ in another sector - Calculation of revenues received in the electronic communications sector and the media sector - Definition of the electronic communications sector - Restriction to markets which have been subject to ex ante regulation - Account taken of the income of affiliated companies - Fixing of different income thresholds for undertakings active in the electronic communications sector)
(2020/C 378/03)
Language of the case: Italian

Referring court

Tribunale amministrativo regionale per il Lazio

Parties to the main proceedings


Applicant: Vivendi SA

Defendant: Autorità per le Garanzie nelle Comunicazioni

Intervening party: Mediaset SpA

Operative part of the judgment

Article 49 TFEU must be interpreted as precluding legislation of a Member State which has the effect of preventing a company registered in another Member State, the revenue of which in the electronic communications sector, as defined for the purposes of that legislation, is in excess of 40 % of the total revenues generated in that sector, from earning, within the integrated communications system, revenue which exceeds 10 % of the total revenues generated in that system.


(1)  OJ C 103, 18.3.2019.