FILED AT THE REGISTRY OF THE COURT ON 27 JULY 1973, THE TRIBUNALE OF BIELLA RAISED VARIOUS QUESTIONS, UNDER ARTICLE 177 OF THE EEC TREATY, ON THE INTERPRETATION OF ARTICLES 2, 3, 5, 7, 37, 86 AND 90 OF THE TREATY .
THE NATIONAL COURT IS CONCERNED WITH PENAL PROCEEDINGS AGAINST THE OPERATOR OF A PRIVATE TELEVISION-RELAY STATION FOR BEING IN POSSESSION IN PREMISES OPEN TO THE PUBLIC OF TELEVISION SETS USED FOR THE RECEPTION OF TRANSMISSIONS BY CABLE WITHOUT HAVING PAID THE PRESCRIBED LICENCE FEE .
THE QUESTIONS RAISED MUST ENABLE THE TRIBUNALE OF BIELLA TO DECIDE WHETHER VARIOUS PROVISIONS OF ITALIAN LAW ARE COMPATIBLE WITH THE TREATY, WHICH PROVISIONS RESERVE TO THE STATE THE EXCLUSIVE RIGHT TO OPERATE TELEVISION, AND IN PARTICULAR CABLE TELEVISION, AND MORE PARTICULARLY INSOFAR AS THIS EXCLUSIVE RIGHT EXTENDS TO COMMERCIAL ADVERTISING .
A - THE COMPETENCE OF THE COURT
2 THE ITALIAN GOVERNMENT HAS CAST DOUBT ON THE ADMISSIBILITY OF THE REFERENCE FOR A PRELIMINARY RULING BY ALLEGING THAT AN ANSWER TO THE QUESTIONS RAISED WAS NOT NECESSARY TO ENABLE THE COURT TO DETERMINE THE PROCEEDINGS WITH WHICH IT IS CONCERNED .
3 ARTICLE 177, WHICH IS BASED ON A CLEAR SEPARATION OF FUNCTIONS BETWEEN THE NATIONAL COURTS AND THIS COURT, DOES NOT ALLOW THIS COURT TO JUDGE THE GROUNDS FOR THE REQUEST FOR INTERPRETATION .
THE OBJECTION THEREFORE CANNOT BE UPHELD .
B - QUESTIONS 1, 2, 6, 7, 8 AND 9
4 THE FIRST TWO QUESTIONS BASICALLY ASK WHETHER THE PRINCIPLE OF THE FREE MOVEMENT OF GOODS WITHIN THE COMMON MARKET APPLIES TO TELEVISION SIGNALS, IN PARTICULAR IN THEIR COMMERCIAL ASPECTS, AND WHETHER THE EXCLUSIVE RIGHT GRANTED BY A MEMBER STATE TO A LIMITED COMPANY TO MAKE ALL KINDS OF TELEVISION TRANSMISSIONS, EVEN FOR COMMERCIAL ADVERTISING PURPOSES, CONSTITUTES A BREACH OF THE SAID PRINCIPLE .
5 THE REPLY IS GOVERNED BY THE PRIOR ANSWER TO THE QUESTION WHETHER TELEVISION ADVERTISING MUST BE TREATED AS PRODUCTS OR GOODS WITHIN THE MEANING OF ARTICLES 3 ( A ), 9 AND THE HEADING OF TITLE I OF PART TWO OF THE TREATY .
6 IN THE ABSENCE OF EXPRESS PROVISION TO THE CONTRARY IN THE TREATY, A TELEVISION SIGNAL MUST, BY REASON OF ITS NATURE, BE REGARDED AS PROVISION OF SERVICES .
ALTHOUGH IT IS NOT RULED OUT THAT SERVICES NORMALLY PROVIDED FOR REMUNERATION MAY COME UNDER THE PROVISIONS RELATING TO FREE MOVEMENT OF GOODS, SUCH IS HOWEVER THE CASE, AS APPEARS FROM ARTICLE 60, ONLY INSOFAR AS THEY ARE GOVERNED BY SUCH PROVISIONS .
IT FOLLOWS THAT THE TRANSMISSION OF TELEVISION SIGNALS, INCLUDING THOSE IN THE NATURE OF ADVERTISEMENTS, COMES, AS SUCH, WITHIN THE RULES OF THE TREATY RELATING TO SERVICES .
7 ON THE OTHER HAND, TRADE IN MATERIAL, SOUND RECORDINGS, FILMS, APPARATUS AND OTHER PRODUCTS USED FOR THE DIFFUSION OF TELEVISION SIGNALS ARE SUBJECT TO THE RULES RELATING TO FREEDOM OF MOVEMENT FOR GOODS .
AS A RESULT, ALTHOUGH THE EXISTENCE OF A MONOPOLY WITH REGARD TO TELEVISION ADVERTISING IS NOT