3 IT IS APPARENT FROM THE FILE THAT THE TWO COMPANIES IN QUESTION PROVIDE , WITH THE AUTHORITY OF THE BELGIAN ADMINISTRATION , A CABLE TELEVISION DIFFUSION SERVICE COVERING PART OF BELGIUM . TELEVISION SETS BELONGING TO SUBSCRIBERS TO THE SERVICE ARE LINKED BY CABLE TO A CENTRAL AERIAL HAVING SPECIAL TECHNICAL FEATURES WHICH ENABLE BELGIAN BROADCASTS TO BE PICKED UP AS WELL AS CERTAIN FOREIGN BROADCASTS WHICH THE SUBSCRIBERS CANNOT ALWAYS RECEIVE WITH A PRIVATE AERIAL , AND WHICH FURTHERMORE IMPROVE THE QUALITY OF THE PICTURES AND SOUND RECEIVED BY THE SUBSCRIBERS .
4 THE PROSECUTIONS RELATE TO THE DIFFUSION IN BELGIUM BY MEANS OF THE SYSTEM OF CABLE TELEVISION INSTALLED THERE OF BROADCASTS EFFECTED BY BROADCASTING STATIONS ESTABLISHED OUTSIDE BELGIUM TO THE EXTENT TO WHICH THEY CONTAIN COMMERCIAL ADVERTISING MATERIAL . BELGIAN LEGISLATION PROHIBITS NATIONAL RADIO AND TELEVISION BROADCASTING ORGANIZATIONS , WHICH HAVE A LEGAL MONOPOLY ON BROADCASTING , FROM MAKING BROADCASTS IN THE NATURE OF COMMERCIAL ADVERTISING . IN REGARD TO CABLE TELEVISION , ARTICLE 21 OF THE ROYAL DECREE OF 24 DECEMBER 1966 ( MONITEUR BELGE OF 24 JANUARY 1967 ) ALSO PROHIBITS THE TRANSMISSION OF BROADCASTS IN THE NATURE OF COMMERCIAL ADVERTISING .
5 THE JUDGMENT MAKING THE REFERENCE STATES THAT IN PRACTICE CABLE TELEVISION DISTRIBUTORS HAVE DISREGARDED THAT PROHIBITION AND HAVE TRANSMITTED FOREIGN PROGRAMMES WITHOUT EXCISING ADVERTISEMENTS ; THIS PRACTICE HAS BEEN TOLERATED BY THE BELGIAN GOVERNMENT , WHICH HAS NOT IMPOSED ANY PENALTY OR WITHDRAWN ANY AUTHORIZATIONS ; IT ALSO STATES THAT A LARGE NUMBER OF BELGIAN TELEVISION VIEWERS CAN PICK UP FOREIGN PROGRAMMES WITHOUT THE HELP OF THE RELAY SYSTEMS SET UP BY THE CABLE TELEVISION DIFFUSION COMPANIES .
6 IT IS IN THE LIGHT OF THOSE FACTUAL CIRCUMSTANCES THAT THE TRIBUNAL CORRECTIONNEL HAS FORMULATED ITS QUESTIONS RELATING TO ARTICLES 59 AND 60 OF THE TREATY . IT BELIEVES THAT THE APPLICATION OF THE PROHIBITION IN QUESTION MIGHT HAVE AN AFFECT UPON THE FREEDOM TO PROVIDE SERVICES AT THE COMMUNITY LEVEL . IN FACT , ACCORDING TO THE TRIBUNAL , FOREIGN BROADCASTING ORGANIZATIONS DERIVE AN APPRECIABLE PART OF THEIR REVENUE FROM ADVERTISING PLACED WITH THEM BY ADVERTISERS SO THAT THE EXCISION OF ADVERTISEMENTS IN BELGIUM MIGHT CAUSE THOSE ADVERTISERS TO RESTRICT OR DISCONTINUE THEIR COMMERCIAL ADVERTISING ; FURTHERMORE , ADVERTISERS , WHETHER TRADERS OR MANUFACTURERS , ESTABLISHED IN NEIGHBOURING COUNTRIES WOULD OBTAIN A MORE RESTRICTED COVERAGE OF THE BELGIAN MARKET TO WHICH THEY HITHERTO DIRECTED THEIR ADVERTISING AND ON WHICH THEY OFFERED THEIR SERVICES .
7 THE QUESTIONS ASKED BY THE TRIBUNAL CORRECTIONNEL ARE WORDED AS FOLLOWS :
' ' 1 . HAVING REGARD TO THE JUDGMENT OF THE COURT OF JUSTICE OF 30 APRIL 1974 IN CASE 155/73 , SACCHI , MUST ARTICLE 59 OF THE TREATY OF ROME BE INTERPRETED AS PROHIBITING ALL NATIONAL RULES WHICH PROHIBIT THE TRANSMISSION OF ADVERTISEMENTS BY CABLE TELEVISION DISTRIBUTION COMPANIES EVEN THOUGH IT IS STILL POSSIBLE AND LAWFUL TO RECEIVE SUCH ADVERTISEMENTS NATURALLY WITHIN THE RECEIVING ZONES OF FOREIGN BROADCASTING STATIONS , HAVING REGARD