THIRD, FOURTH AND FIFTH QUESTIONS THE NATIONAL COURT ESSENTIALLY SEEKS TO ASCERTAIN WHETHER PROHIBITIONS OF ADVERTISING AND SUBTITLING SUCH AS THOSE CONTAINED IN THE KABELREGELING CONSTITUTE RESTRICTIONS ON FREEDOM TO SUPPLY SERVICES CONTRARY TO ARTICLE 59 OF THE TREATY, REGARD BEING HAD TO THE FACT THAT THE OMPROEPWET PROHIBITS NATIONAL BROADCASTERS FROM BROADCASTING ADVERTISEMENTS AND RESTRICTS THE RIGHT TO BROADCAST ADVERTISEMENTS TO A FOUNDATION WHICH IS BOUND BY ITS STATUTE TO TRANSFER ITS RECEIPTS TO THE STATE, WHICH USES THEM TO SUBSIDIZE NATIONAL BROADCASTERS AND THE PRESS .
19 IT IS APPROPRIATE TO ANSWER THOSE QUESTIONS TOGETHER IN THE LIGHT, FIRSTLY, OF THE PROHIBITION OF ADVERTISING AND, SECONDLY, OF THE PROHIBITION OF SUBTITLING .
20 IT APPEARS FROM THE SPECIFIC CIRCUMSTANCES MENTIONED BY THE NATIONAL COURT THAT THE PROHIBITIONS OF ADVERTISING AND SUBTITLING CONTAINED IN THE KABELREGELING MUST BE CONSIDERED IN THE CONTEXT OF THE NATIONAL LEGISLATION RELATING TO THE BROADCASTING SYSTEM .
THE PROHIBITION OF ADVERTISING
21 UNDER ARTICLE 59 OF THE TREATY RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES WITHIN THE COMMUNITY WERE TO BE ABOLISHED BY THE EXPIRY OF THE TRANSITIONAL PERIOD IN RESPECT OF NATIONALS OF MEMBER STATES WHO ARE ESTABLISHED IN A STATE OF THE COMMUNITY OTHER THAN THAT OF THE PERSON FOR WHOM THE SERVICES ARE INTENDED .
22 A BAN ON ADVERTISING SUCH AS THE ONE EMBODIED IN THE KABELREGELING INVOLVES A TWOFOLD RESTRICTION ON FREEDOM TO SUPPLY SERVICES . IN THE FIRST PLACE, IT PREVENTS CABLE NETWORK OPERATORS ESTABLISHED IN A MEMBER STATE FROM RELAYING TELEVISION PROGRAMMES SUPPLIED BY BROADCASTERS ESTABLISHED IN OTHER MEMBER STATES . SECONDLY, IT PREVENTS THOSE BROADCASTERS FROM SCHEDULING FOR ADVERTISERS ESTABLISHED IN PARTICULAR IN THE MEMBER STATE WHERE THE PROGRAMMES ARE RECEIVED ADVERTISEMENTS INTENDED ESPECIALLY FOR THE PUBLIC IN THAT STATE .
23 THE NETHERLANDS GOVERNMENT MAINTAINS THAT THE PROHIBITION OF ADVERTISING LAID DOWN BY THE KABELREGELING AFFECTS BROADCASTERS ESTABLISHED IN OTHER MEMBER STATES IN THE SAME WAY AS THE PROHIBITION OF ADVERTISING LAID DOWN IN THE OMROEPWET AFFECTS THE OMROEPORGANISATIES, AND, MOREOVER, IS LESS STRICT THAN THE BAN LAID DOWN BY THE OMROEPWET IN SO FAR AS IT DOES NOT APPLY TO ADVERTISING IN GENERAL BUT ONLY TO ADVERTISING INTENDED SPECIALLY FOR THE PUBLIC IN THE NETHERLANDS . THE NETHERLANDS GOVERNMENT CONCLUDES THAT IF THERE IS A RESTRICTION ON FREEDOM TO SUPPLY SERVICES IT IS NOT DISCRIMINATORY AND HENCE IS NOT PROHIBITED BY ARTICLE 59 OF THE TREATY .
24 THAT ARGUMENT CANNOT BE ACCEPTED . IT IS NOT A MATTER OF COMPARING THE SITUATION OF THE OMROEPORGANISATIES WITH THAT OF BROADCASTERS ESTABLISHED IN OTHER MEMBER STATES, BUT THE SITUATION OF THE DUTCH TELEVISION STATIONS AS A WHOLE WITH THAT OF THE FOREIGN BROADCASTERS .
25 IN THAT CONNECTION, IT MUST BE STRESSED THAT THE STER' S SOLE ROLE IS THAT OF CARRYING OUT THE TECHNICAL AND FINANCIAL MANAGEMENT OF THE BROADCASTING OF ADVERTISING ON NETHERLANDS STATIONS IN ACCORDANCE WITH THE RULES LAID DOWN BY THE OMROEPWET AND THAT IT ITSELF CANNOT BE REGARDED AS A BROADCASTER