THE BROADCASTING OF ADVERTISEMENTS BY TELEVISION - IF THOSE RULES ARE APPLIED WITHOUT DISTINCTION AS REGARDS THE ORIGIN , WHETHER NATIONAL OR FOREIGN , OF THOSE ADVERTISEMENTS , THE NATIONALITY OF THE PERSON PROVIDING THE SERVICE , OR THE PLACE WHERE HE IS ESTABLISHED .
17 IN VIEW OF THAT ANSWER THE QUESTION CONCERNING THE CONSEQUENCES WHICH MAY ARISE FROM THE DIRECT APPLICABILITY OF ARTICLES 59 AND 60 OF THE TREATY WHERE THERE IS CONFLICT BETWEEN THOSE PROVISIONS AND NATIONAL LEGISLATION HAS BECOME DEVOID OF OBJECT .
18 THE NATIONAL COURT FURTHER ASKS IF RULES PROHIBITING THE TRANSMISSION OF ADVERTISEMENTS BY CABLE TELEVISION ARE NOT A MEASURE WHICH IS DISPRO PORTIONATE IN RELATION TO ITS INTENDED PURPOSE OWING TO THE FACT THAT THE PROHIBITION ON THE BROADCASTING OF COMMERCIAL ADVERTISING BY TELEVISION REMAINS RELATIVELY INEFFECTIVE IN VIEW OF THE EXISTENCE , IN THE MEMBER STATES CONCERNED , OF THE NATURAL RECEPTION ZONES OF CERTAIN FOREIGN STATIONS .
19 SINCE THE TRANSMISSION OF TELEVISION SIGNALS BY CABLE TELEVISION ENABLES THEM TO BE DIFFUSED OVER A WIDER AREA AND IMPROVES THEIR PENETRATION , RESTRICTIONS OR PROHIBITIONS IMPOSED ON TELEVISION ADVERTISING WITHIN ITS TERRITORY BY A MEMBER STATE DO NOT LOSE THEIR JUSTIFICATION BECAUSE OF THE FACT THAT RECEPTION OF FOREIGN BROADCASTING STATIONS IS ALSO POSSIBLE THROUGHOUT THE NATIONAL TERRITORY , OR IN CERTAIN AREAS THEREOF , WITHOUT THE INTERVENTION OF ANY CABLE TELEVISION SYSTEM . THE ANSWER TO THE QUESTION ASKED MUST THEREFORE BE IN THE NEGATIVE .
20 FINALLY , THE NATIONAL COURT WISHES TO KNOW WHETHER NATIONAL RULES PROHIBITING THE TRANSMISSION OF ADVERTISEMENTS BY CABLE TELEVISION CREATE DISCRIMINATION AGAINST FOREIGN BROADCASTING STATIONS OWING TO THE FACT THAT THEIR GEOGRAPHICAL LOCATION ALLOWS THEM TO BROADCAST THEIR SIGNALS ONLY WITHIN THE NATURAL RECEPTION ZONE .
21 THE NATIONAL COURT IS REFERRING IN THIS QUESTION TO THE SPATIAL LIMITS ON THE DIFFUSION OF TELEVISION PROGRAMMES DEPENDING , ON THE ONE HAND , ON THE NATURAL RELIEF OF THE GROUND AND OF BUILT-UP AREAS AND , ON THE OTHER , ON THE TECHNICAL FEATURES OF THE BROADCASTING SYSTEMS USED . THESE NATURAL AND TECHNICAL FACTORS UNDOUBTEDLY LEAD TO DIFFERENCES AS REGARDS RECEPTION OF TELEVISION SIGNALS IN VIEW OF THE CORRELATION BETWEEN THE LOCATION OF BROADCASTING STATIONS AND TELEVISION RECEIVERS . HOWEVER , SUCH DIFFERENCES , WHICH ARE DUE TO NATURAL PHENOMENA , CANNOT BE DESCRIBED AS ' ' DISCRIMINATION ' ' WITHIN THE MEANING OF THE TREATY ; THE LATTER REGARDS ONLY DIFFERENCES IN TREATMENT ARISING FROM HUMAN ACTIVITY , AND ESPECIALLY FROM MEASURES TAKEN BY PUBLIC AUTHORITIES , AS DISCRIMINATION . MOREOVER , IT SHOULD BE POINTED OUT THAT EVEN IF THE COMMUNITY HAS IN SOME RESPECTS INTERVENED TO COMPENSATE FOR NATURAL INEQUALITIES , IT HAS NO DUTY TO TAKE STEPS TO ERADICATE DIFFERENCES IN SITUATIONS SUCH AS THOSE CONTEMPLATED BY THE NATIONAL COURT .
22 THE ANSWER MUST THEREFORE BE THAT NATIONAL RULES PROHIBITING THE TRANSMISSION BY CABLE TELEVISION OF ADVERTISEMENTS CANNOT BE REGARDED AS CONSTITUTING EITHER A DISPROPORTIONATE MEASURE IN RELATION