CELEX: C2000/034/08
Language: en
Date: 2000-02-05 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 28 October 1999 in Case C-6/98 (reference for a preliminary ruling from the Oberlandesgericht Stuttgart): Arbeitsgemeinschaft Deutscher Rundfunkanstalten (ARD) v PRO Sieben Media AG (Television broadcasting — Limitation on transmission time allocated to advertising)

C 34/4                    EN                      Official Journal of the European Communities                                           5.2.2000
purposes of informing and consulting employees (OJ 1994                      were concluded before 6 February 1996 but which on 7 March
L 254, p. 64), alternatively by failing to ensure the introduction           1996 had still not been performed or could reasonably have
by management and labour of the required provisions by                       been cancelled, has failed to fulfil its obligations under
way of agreement, and thus by failing to take and/or to                      Council Directive 93/37/EEC of 14 June 1993 concerning the
communicate to the Commission the measures required to                       coordination of procedures for the award of public works
guarantee the results to be achieved under that directive, the               contracts (OJ 1993 L 199, p. 54) and Council Directive
Grand Duchy of Luxembourg has failed to fulfil its obligations               89/665/EEC of 21 December 1989 on the coordination of the
under the EC Treaty — the Court (Sixth Chamber), composed                    laws, regulations and administrative provisions relating to the
of: P.J.G. Kapteyn, acting as President of the Sixth Chamber,                application of review procedures to the award of public supply
G. Hirsch and H. Ragnemalm (Rapporteur), Judges; P. Léger,                   and public works contracts (OJ 1989 L 395, p. 33) as well as
Advocate General; R. Grass, Registrar, has given a judgment                  under Article 30 of the EC Treaty (now, after amendment,
on 21 October 1999, in which it:                                             Article 28 EC) — the Court, composed of: G.C. Rodrı́guez
                                                                             Iglesias, President, J.C. Moitinho de Almeida, D.A.O. Edward
1. Declares that, by failing to adopt all the laws, regulations and          and L. Sevón (Presidents of Chambers), C. Gulmann (Rappor-
    administrative provisions necessary to comply with Council               teur), J.-P. Puissochet, G. Hirsch, P. Jann. and M. Wathelet,
    Directive 94/45/EC of 22 December 1994 on the establishment              Judges; S. Alber, Advocate General; D. Louterman-Hubeau,
    of a European Works Council or a procedure in Community-scale            Principal Administrator, for the Registrar, has given a judgment
    undertakings and Community-scale groups of undertakings for              on 28 October 1999, in which it has ruled that:
    the purposes of informing and consulting employees, alternatively
    by failing to ensure the introduction by management and labour           1. In connection with the building at Sankt Pöllten of the new
    of the required provisions by way of agreement, and thus by                  administrative and cultural centre for the Land of Lower Austria,
    failing to take the measures required to guarantee the results to            the Republic of Austria, in awarding the contracts which were
    be achieved under the Directive, the Grand Duchy of Luxembourg               concluded before 6 February 1996 but which on 7 March 1996
    has failed to fulfil its obligations under that directive;                   had still not been performed or could reasonably have been
                                                                                 cancelled, has failed to fulfil its obligations under Council
2. Orders the Grand Duchy of Luxembourg to pay the costs.                        Directive 93/37/EEC of 14 June 1993 concerning the coordi-
                                                                                 nation of procedures for the award of public works contracts,
                                                                                 under Council Directive 89/665/EEC of 21 December 1989 on
(1) OJ C 20 of 23.1.1999.                                                        the coordination of the laws, regulations and administrative
                                                                                 provisions relating to the application of review procedures to the
                                                                                 award of public supply and the public works contracts and under
                                                                                 Article 30 of the EC Treaty (now, after amendment, Article 28
                                                                                 EC);
                                                                             2. The Republic of Austria is ordered to pay the costs.
                 JUDGMENT OF THE COURT
                                                                             (1) OJ C 354 of 23.11.1996.
                         of 28 October 1999
in Case C-328/96: Commission of the European Communi-
                   ties v Republic of Austria (1)
                                                                                              JUDGMENT OF THE COURT
(Failure of a Member State to fulfil its obligations — Public                                         (Sixth Chamber)
works contracts — Admissibility — Compatibility with
Community law of conditions governing invitations to tender                                         of 28 October 1999
— Failure to publish a contract notice in the Official Journal
                  of the European Communities)                               in Case C-6/98 (reference for a preliminary ruling from
                                                                             the Oberlandesgericht Stuttgart): Arbeitsgemeinschaft
                             (2000/C 34/07)                                  Deutscher Rundfunkanstalten (ARD) v PRO Sieben Media
                                                                                                             AG(1)
                    (Language of the case: German)                           (Television broadcasting — Limitation on transmission time
                                                                                                  allocated to advertising)
(Provisional translation; the definitive translation will be published                                 (2000/C 34/08)
                    in the European Court Reports)
                                                                                                (Language of the case: German)
In Case C-328/96: Commission of the European Communities
(Agents: H. van Lier and C. Schmidt) v Republic of Austria                   (Provisional translation; the definitive translation will be published
(Agent: W. Okresek) — application for a declaration that in                                     in the European Court Reports)
connection with the building at Sankt Pölten of a new
administrative and cultural centre for the Land of Lower                     In Case C-6/98: reference to the Court under Article 177 of
Austria the Republic of Austria, in awarding contracts which                 the EC Treaty (now Article 234 EC) from the Oberlandesgericht
 ---pagebreak--- 5.2.2000                EN                        Official Journal of the European Communities                                              C 34/5
Stuttgart (Higher Regional Court, Stuttgart), Germany, for a                                   JUDGMENT OF THE COURT
preliminary ruling in the proceedings pending before that court
between Arbeitsgemeinschaft Deutscher Rundfunkanstalten
(ARD) and PRO Sieben Media AG, supported by SAT 1                                                      (Sixth Chamber)
Satellitenfernsehen GmbH, Kabel 1, K 1 Fernsehen GmbH —
on the interpretation of Article 11(3) of Council Directive
89/552/EEC of 3 October 1989 on the coordination of certain                                          of 28 October 1999
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), as amended by
Directive 97/36/EC of the European Parliament and of the                     in Case C-55/98 (reference for a preliminary ruling from
Council of 30 June 1997 (OJ 1997 L 202, p. 60) — the Court                     the Højesteret): Skatteministeriet v Bent Vestergaard (1)
(Sixth Chamber), composed of: R. Schintgen, President of the
Second Chamber, acting as President of the Sixth Chamber,
P.J.G. Kapteyn (Rapporteur) and H. Ragnemalm, Judges;                        (Freedom to provide services — Income tax — Taxable
F.G. Jacobs, Advocate General; H. von Holstein, Deputy Regis-                income — Deduction of expenses for professional training
trar, for the Registrar, has given a judgment on 28 October                  courses — Distinction according to the location of the
1999, in which it has ruled:                                                                                courses)
1. Article 11(3) of Council Directive 89/552/EEC of 3 October                                           (2000/C 34/09)
     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                                    (Language of the case: Danish)
     and of the Council of 30 June 1997, is to be construed as
     prescribing the gross principle, so that, in order to calculate the
     45-minute period for the purpose of determining the number of
     advertising interruptions allowed in the broadcasting of audiovis-
                                                                             (Provisional translation; the definitive translation will be published
     ual works such as feature films and films made for television, the
                                                                                                 in the European Court Reports)
     duration of the advertisements must be included in that period.
2. Article 11(3), in conjunction with Article 3(1), of Directive             In Case C-55/98: reference to the Court under Article 177 of
     89/552, as amended, authorises Member States to prescribe, for          the EC Treaty (now Article 234 EC) from the Højesteret
     television broadcasters under their jurisdiction, the net principle     (Supreme Court) (Denmark) for a preliminary ruling in the
     for advertisements which may be inserted during programmes,             proceedings pending before that court between Skatteministe-
     and thus to provide that, in order to calculate that period, the        riet and Bent Vestergaard — on the interpretation of Articles 6
     duration of the advertisements must be excluded, on condition,          and 59 of the EC Treaty (now, after amendment, Articles 12
     however, that those rules are compatible with other relevant            EC and 49 EC) — the Court (Sixth Chamber), composed of:
     provisions of Community law.                                            R. Schintgen (Rapporteur), President of the Second Chamber,
                                                                             acting as President of the Sixth Chamber, P.J.G. Kapteyn
                                                                             and G. Hirsch, Judges; A. Saggio, Advocate General; H. von
     Article 5 of the EC Treaty (now Article 10 EC), Articles 6 and          Holstein, Deputy Registrar, for the Registrar, has given a
     30 of the EC Treaty (now, after amendment, Articles 12 EC and           judgment on 28 October 1999, in which it has ruled:
     28 EC), Article 85 of the EC Treaty (now Article 81 EC) and
     the general principle of equal treatment do not apply to national
     rules which prescribe the application of the net principle for          Article 59 of the EC Treaty (now, after amendment, Article 49 EC)
     television broadcasters under their jurisdiction.                       precludes a Member State from having rules which, for the purposes
                                                                             of determining taxable income, presume that professional training
                                                                             courses held in ordinary tourist resorts located in other Member States
     Article 59 of the EC Treaty (now, after amendment, Article 49           involve such a significant tourism element that the costs of taking
     EC) does not preclude a Member State from prescribing, under            part in those courses cannot be treated as deductible operating costs,
     Article 3(1) of Directive 89/552, the application of the net            while such a presumption does not exist in the case of professional
     principle.                                                              training courses held in ordinary tourist resorts located within the
                                                                             territory of that Member State.
(1) OJ C 72 of 7.3.1998.
                                                                             (1) OJ C 137 of 2.5.1998.