SERVICES ON THE GROUNDS OF HIS NATIONALITY OR OF THE FACT THAT HE IS ESTABLISHED IN A MEMBER STATE OTHER THAN THAT WHERE THE SERVICE IS TO BE PROVIDED .
12 IN VIEW OF THE PARTICULAR NATURE OF CERTAIN SERVICES SUCH AS THE BROADCASTING AND TRANSMISSION OF TELEVISION SIGNALS , SPECIFIC REQUIREMENTS IMPOSED UPON PROVIDERS OF SERVICES WHICH ARE FOUNDED UPON THE APPLICATION OF RULES REGULATING CERTAIN TYPES OF ACTIVITY AND WHICH ARE JUSTIFIED BY THE GENERAL INTEREST AND APPLY TO ALL PERSONS AND UNDERTAKINGS ESTABLISHED WITHIN THE TERRITORY OF THE SAID MEMBER STATE CANNOT BE SAID TO BE INCOMPATIBLE WITH THE TREATY TO THE EXTENT TO WHICH A PROVIDER OF SERVICES ESTABLISHED IN ANOTHER MEMBER STATE IS NOT SUBJECT TO SIMILAR REGULATIONS THERE .
13 FROM INFORMATION GIVEN TO THE COURT DURING THESE PROCEEDINGS IT APPEARS THAT THE TELEVISION BROADCASTING OF ADVERTISEMENTS IS SUBJECT TO WIDELY DIVERGENT SYSTEMS OF LAW IN THE VARIOUS MEMBER STATES , PASSING FROM ALMOST TOTAL PROHIBITION , AS IN BELGIUM , BY WAY OF RULES COMPRISING MORE OR LESS STRICT RESTRICTIONS , TO SYSTEMS AFFORDING BROAD COMMERCIAL FREEDOM . IN THE ABSENCE OF ANY APPROXIMATION OF NATIONAL LAWS AND TAKING INTO ACCOUNT THE CONSIDERATIONS OF GENERAL INTEREST UNDERLYING THE RESTRICTIVE RULES THIS AREA , THE APPLICATION OF THE LAWS IN QUESTION CANNOT BE REGARDED AS A RESTRICTION UPON FREEDOM TO PROVIDE SERVICES SO LONG AS THOSE LAWS TREAT ALL SUCH SERVICES IDENTICALLY WHATEVER THEIR ORIGIN OR THE NATIONALITY OR PLACE OF ESTABLISHMENT OF THE PERSONS PROVIDING THEM .
14 A PROHIBITION OF THE TYPE CONTAINED IN THE BELGIAN LEGISLATION REFERRED TO BY THE NATIONAL COURT SHOULD BE JUDGED IN THE LIGHT OF THOSE CONSIDERATIONS . IT MUST BE STRESSED THAT THE PROHIBITION ON THE TRANSMISSION OF ADVERTISEMENTS BY CABLE TELEVISION CONTAINED IN THE ROYAL DECREE REFERRED TO ABOVE CANNOT BE EXAMINED IN ISOLATION . A REVIEW OF ALL THE BELGIAN LEGISLATION ON BROADCASTING SHOWS THAT THAT PROHIBITION IS THE COROLLARY OF THE BAN ON THE BROADCASTING OF COMMERCIAL ADVERTISEMENTS IMPOSED ON THE BELGIAN BROADCASTING ORGANIZATIONS . THIS IS ALSO THE WAY IN WHICH THE JUDGMENT MAKING THE REFERENCE SETS OUT THE RELEVANT LEGISLATION , INDICATING THAT THE ROYAL DECREE PROHIBITS THE TRANSMISSION OF ADVERTISEMENTS IN ORDER TO MAINTAIN CONFORMITY WITH THE SCHEME IMPOSED ON THE NATIONAL BROADCASTING ORGANIZATIONS .
15 IN THE ABSENCE OF ANY HARMONIZATION OF THE RELEVANT RULES , A PROHIBITION OF THIS TYPE FALLS WITHIN THE RESIDUAL POWER OF EACH MEMBER STATE TO REGULATE , RESTRICT OR EVEN TOTALLY PROHIBIT TELEVISION ADVERTISING ON ITS TERRITORY ON GROUNDS OF GENERAL INTEREST . THE POSITION IS NOT ALTERED BY THE FACT THAT SUCH RESTRICTIONS OR PROHIBITIONS EXTEND TO TELEVISION ADVERTISING ORIGINATING IN OTHER MEMBER STATES IN SO FAR AS THEY ARE ACTUALLY APPLIED ON THE SAME TERMS TO NATIONAL TELEVISION ORGANIZATIONS .
16 THE ANSWER MUST THEREFORE BE THAT ARTICLES 59 AND 60 OF THE TREATY DO NOT PRECLUDE NATIONAL RULES PROHIBITING THE TRANSMISSION OF ADVERTISEMENTS BY CABLE TELEVISION - AS THEY PROHIBIT