CELEX: 62012CA0234
Language: en
Date: 2013-07-18 00:00:00
Title: Case C-234/12: Judgment of the Court (Second Chamber) of 18 July 2013 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio — Italy) — Sky Italia Srl v Autorità per le Garanzie nelle Comunicazioni (Television broadcasting — Directive 2010/13/EU — Articles 4(1) and 23(1) — Advertising spots — National rule laying down a maximum percentage of broadcasting time which can be dedicated to advertising for pay-TV broadcasters which is lower than that laid down for free-to-air TV broadcasters — Equal treatment — Freedom to provide services)

7.9.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 260/16
            
         Judgment of the Court (Second Chamber) of 18 July 2013 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio — Italy) — Sky Italia Srl v Autorità per le Garanzie nelle Comunicazioni
   (Case C-234/12) (1)
   
   (Television broadcasting - Directive 2010/13/EU - Articles 4(1) and 23(1) - Advertising spots - National rule laying down a maximum percentage of broadcasting time which can be dedicated to advertising for pay-TV broadcasters which is lower than that laid down for free-to-air TV broadcasters - Equal treatment - Freedom to provide services)
   2013/C 260/26
   Language of the case: Italian
   
      Referring court
   
   Tribunale Amministrativo Regionale per il Lazio
   
      Parties to the main proceedings
   
   
      Applicant: Sky Italia Srl
   
      Defendant: Autorità per le Garanzie nelle Comunicazioni
   
      Intervening parties: Reti Televisive Italiane (RTI) SpA, Maria Iaccarino
   
      Re:
   
   Request for a preliminary ruling — Tribunale Amministrativo Regionale per il Lazio — Interpretation of Article 4 of Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (OJ 2010 L 95, p. 1) — Interpretation of Articles 49 TFEU, 56 TFEU and 63 TFEU and of Article 11 of the Charter of Fundamental Rights of the European Union, read in conjunction with Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted by the European Court of Human Rights — Maximum percentage of broadcasting time which may be devoted to advertising — National legislation laying down a lower maximum percentage for pay-TV channels than for other channels
   
      Operative part of the judgment
   
   Article 4(1) of Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive), as well as the principle of equal treatment and Article 56 TFEU must be interpreted as not precluding, in principle, a national rule, such as that at issue in the main proceedings, which lays down shorter hourly television advertising limits for pay-TV broadcasters than those set for free-to-air broadcasters, provided that the principle of proportionality is observed, which is a matter for the referring court to assess.
   
      (1)  OJ C 217, 21.7.2012.