CELEX: C1997/228/05
Language: en
Date: 1997-07-26 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 5 June 1997 in Case C-56/96 (reference for a preliminary ruling from the Raad van State van België): VT4 Ltd v. Vlaamse Gemeenschaap (Free movement of services - Television broadcasting - Establishment - Evasion of domestic legislation)

26 . 7. 97             EN                  Official Journal of the European Communities                                  No C 228/3
Agreement between the European Economic Community                     broadcasting activities is to be interpreted as meaning that
and Turkey, is to be interpreted as meaning that a Turkish            a television broadcaster comes under the jurisdiction of
worker does not satisfy the condition of having been in               the Member States in which it is established. If a television
legal employment, within the meaning of that provision,               broadcaster is established in more than one Member State,
in the host Member State, where he has been employed                  the Member State having jurisdiction over it is the one in
there under a residence permit which was issued to him                whose territory the broadcaster has the centre of its
only as a result of fraudulent conduct in respect of which            activities, in particular where decisions concerning
he has been convicted.                                                programme policy are taken and the programmes to be
                                                                      broadcast are finally put together.
(') OJ No C 268 , 14 . 10 . 1995 .
                                                                      o OJ No C 133 , 4 . 5 . 1996.
               JUDGMENT OF THE COURT
                                                                                     JUDGMENT OF THE COURT
                        ( Sixth Chamber)
                                                                                               (Fifth Chamber)
                          of 5 June 1997
                                                                                                of 5 June 1997
in Case C-56/96 ( reference for a preliminary ruling from
the Raad van State van België): VT4 Ltd v. Vlaamse                    in     Case   C-107/96: Community of the European
                        Gemeenschaap (*)                                           Communities v. Kingdom of Spain (')
(Free movement of services — Television broadcasting —                    (Failure to fulfil obligations — Directive 91/156/EEC)
       Establishment — Evasion of domestic legislation)
                                                                                                 ( 97/C 228/06 )
                           ( 97/C 228/05 )
                                                                                      (Language of the case: Spanish)
                 (Language of the case: Dutch)
                                                                        (Provisional translation; the definitive translation will be
   (Provisional translation; the definitive translation will be                  published in the European Court Reports)
          published in the European Court Reports)
                                                                      In Case C-107/96 : Commission of the European
In Case C-56/96 : reference to the Court under Article 177            Communities ( Agents : Richard Wainwright and Fernando
of the EC Treaty by the Raad van State van Belgie, for                Castillo de la Torre ) v. Kingdom of Spain (Agent: Luis
a preliminary ruling in the proceedings pending before                Perez de Ayala Becerril ) — application for a declaration
that court between VT4 Ltd and Vlaamse Gemeenschap                    that, by failing to adopt and bring into force or to notify
(third parties : Intercommunale Maatschappij voor Gas en              within the prescribed period the laws, regulations and
Elektriciteit van het Westen ( Gaselwest) and Others,                 administrative provisions necessary to comply with
Vlaamse Uitgeversmaatschappij NV (VUM), Integan                       Council     Directive    91 /156/EEC     of  18  March    1991
Intercommunale CV and Others and Vlaamse Televisie                    amending Directive 75/442/EEC on waste ( OJ No L 78,
Maatschappij NV (VTM)) — on the interpretation of                     26 . 3 . 1991 , p. 32 ), the Kingdom of Spain has failed to
Council Directive 89/552/EEC of 3 October 1989 on the                 fulfil its obligations under that Directive and under
coordination of certain provisions laid down by law,                  Articles 5 and 189 of the EC Treaty —the Court ( Fifth
regulation or administrative action in Member States                  Chamber), composed of: J. C. Moitinho de Almeida,
concerning the pursuit of television broadcasting activities          President of the Chamber, L. Sevon ( Rapporteur ), D. A. O.
 ( OJ No L 298 , 17. 10 . 1989, p. 23 ), — the Court                  Edward, P. Jann and M. Wathelet, Judges; P. Leger,
composed of G. F. Mancini, President of the Chamber, J. L.            Advocate-General; R. Grass, Registrar, has given a
Murray, C. N. Kakouris, P. J. G. Kapteyn ( Rapporteur)                judgment on 5 June 1997, in which it:
and H. Ragnemalm, Judges, Advocate-General; C. O.
Lenz, Registrar: H. von Holstein, Deputy Registrar, has
given a judgment on 5 June 1997, in which it rules :
                                                                       1 . declares that, by failing to adopt and bring into force
                                                                            within the prescribed period the laws, regulations and
                                                                            administrative provisions necessary to comply with
Article 2 (1 ) of Council Directive 89/552/EEC of                           Council Directive 91 /156/EEC of 18 March 1991
3 October 1989 on the coordination of certain provisions                    amending Directive 75/442/EEC on waste, the
laid down by law, regulation or administrative action in                    Kingdom of Spain has failed to fulfil its obligations
Member States concerning the pursuit of television                          under Article 2 (1 ) of that Directive;