IN THAT THE PROHIBITION IN QUESTION IS RELATIVELY INEFFECTIVE IN VIEW OF THE EXISTENCE OF NATURAL RECEPTION ZONES , OR DISCRIMINATION WHICH IS PROHIBITED BY THE TREATY IN REGARD TO FOREIGN BROADCASTERS , IN THAT THEIR GEOGRAPHICAL LOCATION ALLOWS THEM TO BROADCAST THEIR SIGNALS ONLY IN THE NATURAL RECEPTION ZONE .
5 . DIFFERENCES IN SITUATION , WHICH ARE DUE TO NATURAL PHENOMENA , CANNOT BE DESCRIBED AS ' ' DISCRIMINATION ' ' WITHIN THE MEANING OF THE EEC TREATY ; THE LATTER REGARDS ONLY DIFFERENCES IN TREATMENT ARISING FROM HUMAN ACTIVITY , AND ESPECIALLY FROM MEASURES TAKEN BY PUBLIC AUTHORITIES , AS DISCRIMINATION . THE COMMUNITY HAS NO DUTY TO TAKE STEPS TO ERADICATE DIFFERENCES WHICH ARE THE CONSEQUENCE OF NATURAL INEQUALITIES .
Parties
IN CASE 52/79
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE TRIBUNAL CORRECTIONNEL ( CRIMINAL COURT ) OF LIEGE FOR A PRELIMINARY RULING IN THE PROCEEDINGS PENDING BEFORE THAT COURT BETWEEN
PROCUREUR DU ROI ( DIRECTOR OF PUBLIC PROSECUTIONS )
AND
MARC J . V . C . DEBAUVE , LIEGE ,
PAUL H . A . G . DENUIT , GREZ-DOICEAU ,
HENRI J . PH . M . LOHEST , LIEGE ,
S.A . CODITEL , LIEGE ,
ASSOCIATION LIEGEOISE D ' ELECTRICITE ( A.L.E .), LIEGE ,
APPELLANT CIVIL PARTIES :
FEDERATION NATIONALE DU MOUVEMENT COOPERATIF FEMININ , A NON-PROFIT MAKING CONSUMER ASSOCIATION , BRUSSELS ,
FEDERATION BELGE DES COOPERATIVES ( ' ' FEBECOOP ' ' ), A NON-PROFIT MAKING BODY , BRUSSELS ,
VIE FEMININE , A NON-PROFIT MAKING BODY , BRUSSELS ,
RADIO TELEVISION BELGE DE LA COMMUNAUTE FRANCAISE ( RTBF ), BRUSSELS ,
FRANCOISE VANDER BEMDEN AND OTHERS ,
Subject of the case
ON THE INTERPRETATION OF ARTICLES 59 AND 60 OF THE EEC TREATY ,
Grounds
1 BY A JUDGMENT OF 23 FEBRUARY 1979 , WHICH WAS RECEIVED AT THE COURT ON 3 APRIL 1979 , THE TRIBUNAL CORRECTIONNEL , LIEGE , REFERRED TWO QUESTIONS UNDER ARTICLE 177 OF THE EEC TREATY FOR A PRELIMINARY RULING ON THE INTERPRETATION OF ARTICLES 59 AND 60 OF THE TREATY WITH REGARD TO CERTAIN PROBLEMS CONCERNING THE TRANSMISSION OF COMMERCIAL ADVERTISEMENTS BY CABLE TELEVISION DISTRIBUTORS .
2 THOSE QUESTIONS HAVE ARISEN OUT OF CRIMINAL PROCEEDINGS BROUGHT BEFORE THE TRIBUNAL DE POLICE , LIEGE , AGAINST THREE PERSONS FOR INFRINGEMENT OF A PROHIBITION ON THE TRANSMISSION OF TELEVISION BROADCASTS IN THE NATURE OF COMMERCIAL ADVERTISING AND IMPLICATING TWO BELGIAN COMPANIES , VICARIOUSLY LIABLE IN CIVIL LAW FOR THE THREE ACCUSED , WHO ARE OFFICERS OF THOSE COMPANIES . THOSE PROCEEDINGS WERE BEGUN ON THE PARTICULAR INITIATIVE OF THREE ASSOCIATIONS REPRESENTING CONSUMERS OR CULTURAL INTERESTS AND BY A CERTAIN NUMBER OF NATURAL PERSONS WHO INTERVENED AS CIVIL PARTIES BEFORE THE TRIBUNAL DE POLICE . WHEN THAT COURT ACQUITTED THE ACCUSED AND THE COMPANIES LIABLE IN CIVIL LAW , THE THREE ASSOCIATIONS AND CERTAIN OTHER CIVIL PARTIES AS WELL AS THE MINISTERE PUBLIC APPEALED TO THE TRIBUNAL CORRECTIONNEL .