OF TELEVISION, EVEN AS REGARDS THEIR COMMERCIAL ACTIVITIES, IN PARTICULAR ADVERTISING, AS UNDERTAKINGS ENTRUSTED WITH THE OPERATION OF SERVICES OF GENERAL ECONOMIC INTEREST, THE SAME PROHIBITIONS APPLY, AS REGARDS THEIR BEHAVIOUR WITHIN THE MARKET, BY REASON OF ARTICLE 90 ( 2 ), SO LONG AS IT IS NOT SHOWN THAT THE SAID PROHIBITIONS ARE INCOMPATIBLE WITH THE PERFORMANCE OF THEIR TASKS .
16 IN THE FOURTH QUESTION THE NATIONAL COURT HAS CITED A CERTAIN NUMBER OF ACTS CAPABLE OF AMOUNTING TO ABUSE WITHIN THE MEANING OF ARTICLE 86 .
17 SUCH WOULD CERTAINLY BE THE CASE WITH AN UNDERTAKING POSSESSING A MONOPOLY OF TELEVISION ADVERTISING, IF IT IMPOSED UNFAIR CHARGES OR CONDITIONS ON USERS OF ITS SERVICES OR IF IT DISCRIMINATED BETWEEN COMMERCIAL OPERATORS OR NATIONAL PRODUCTS ON THE ONE HAND, AND THOSE OF OTHER MEMBER STATES ON THE OTHER, AS REGARDS ACCESS TO TELEVISION ADVERTISING .
18 THE NATIONAL COURT HAS IN EACH CASE TO ASCERTAIN THE EXISTENCE OF SUCH ABUSE AND THE COMMISSION HAS TO REMEDY IT WITHIN THE LIMITS OF ITS POWERS .
EVEN WITHIN THE FRAMEWORK OF ARTICLE 90, THEREFORE, THE PROHIBITIONS OF ARTICLE 86 HAVE A DIRECT EFFECT AND CONFER ON INTERESTED PARTIES RIGHTS WHICH THE NATIONAL COURTS MUST SAFEGUARD .
D - QUESTION 11
19 THE ELEVENTH QUESTION ASKS WHETHER IT IS A BREACH OF ARTICLE 7 OF THE TREATY TO RESERVE FOR A LIMITED COMPANY IN A MEMBER STATE THE EXCLUSIVE RIGHT TO TRANSMIT TELEVISION ADVERTISEMENTS OVER THE WHOLE TERRITORY OF THAT MEMBER STATE .
20 IT FOLLOWS FROM THE ABOVE CONSIDERATIONS THAT THE GRANT OF AN EXCLUSIVE RIGHT IN THE NATURE OF THAT REFERRED TO BY THE NATIONAL COURT DOES NOT CONSTITUTE A BREACH OF ARTICLE 7, BUT DISCRIMINATORY ACTS ON THE PART OF UNDERTAKINGS ENJOYING SUCH EXCLUSIVE RIGHTS WITH REGARD TO NATIONALS OF MEMBER STATES BY REASON OF THEIR NATIONALITY ARE INCOMPATIBLE WITH THIS PROVISION .
Decision on costs
21 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES AND BY THE ITALIAN AND GERMAN GOVERNMENTS, WHO HAVE SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE, AND AS THESE PROCEEDINGS ARE, INSOFAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, A STEP IN THE ACTION PENDING BEFORE A NATIONAL COURT, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE TRIBUNALE OF BIELLA BY ORDER OF 6 JULY 1973, HEREBY RULES :
1 . THE TRANSMISSION OF TELEVISION SIGNALS, INCLUDING THOSE IN THE NATURE OF ADVERTISEMENTS, COMES, AS SUCH, WITHIN THE RULES OF THE TREATY RELATING TO SERVICES . HOWEVER, TRADE IN MATERIAL, SOUND RCORDINGS, FILMS, APPARATUS AND OTHER PRODUCTS USED FOR THE DIFFUSION OF TELEVISION SIGNALS IS SUBJECT TO THE RULES RELATING TO FREEDOM OF MOVEMENT FOR GOODS .
2 . THE FACT THAT AN UNDERTAKING OF A MEMBER STATE HAS THE EXCLUSIVE RIGHT TO TRANSMIT ADVERTISEMENTS BY TELEVISION IS NOT AS SUCH INCOMPATIBLE WITH THE FREE MOVEMENT OF PRODUCTS, THE MARKETING OF