CELEX: 62009CA0281
Language: en
Date: 2011-11-24 00:00:00
Title: Case C-281/09: Judgment of the Court (First Chamber) of 24 November 2011 — European Commission v Kingdom of Spain (Failure by a Member State to fulfil its obligations — Directive 89/552/EEC — Television broadcasting — Advertising spots — Transmission time)

28.1.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 25/3
            
         
      Judgment of the Court (First Chamber) of 24 November 2011 — European Commission v Kingdom of Spain
      (Case C-281/09) (1)
      
      (Failure by a Member State to fulfil its obligations - Directive 89/552/EEC - Television broadcasting - Advertising spots - Transmission time)
      (2012/C 25/04)
      Language of the case: Spanish
      
         Parties
      
      
         Applicant: European Commission (represented by: L. Lozano Palacios and C. Vrignon, Agents)
      
         Defendant: Kingdom of Spain (represented by: N. Díaz Abad, Agent)
      
         Intervening party: United Kingdom of Great Britain and Northern Ireland, (represented by S. Behzadi-Spencer and S. Hathaway, Agents)
      
         Re:
      
      Failure by a Member State to fulfil its obligations — Infringement of Article 3(2) and Article 18(2) of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ 1989 L 298, p. 23) — Transmission time granted to advertising spots
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Declares that, by tolerating a situation in which the broadcasting of certain types of advertising, such as advertorials, telepromotion spots, sponsorship credits and micro-ads, on Spanish television channels has a duration which exceeds the maximum limit of 20 % of the transmission time within a clock hour, as laid down in Article 18(2) of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, as amended by Directive 97/36/EC of the European Parliament and the Council of 30 June 1997, the Kingdom of Spain has failed to fulfil its obligations under Article 3(2) of that directive;
               
            
                  2.
               
               
                  Orders the Kingdom of Spain to pay the costs.
               
            
         (1)  OJ C 256, 24.10.2009.