CELEX: C2003/304/04
Language: en
Date: 2003-12-13 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 23 October 2003 in Case C-245/01 (Reference for a preliminary ruling from the Niedersächsisches Oberverwaltungsgericht): RTL Television GmbH v Niedersächsische Landesmedienanstalt für privaten Rundfunk (Directive 89/552/EEC — Article 11(3) — Television broadcasting — Television advertising — Advertising breaks in audiovisual works — Definition of "series")

13.12.2003               EN                           Official Journal of the European Union                                                C 304/3
2.    Refers the case back to the Court of First Instance;                    2.    The connections which must link films in order that they can
                                                                                    come within the exception laid down for ‘series’ by Article 11(3)
3.    Reserves the costs.                                                           of Directive 89/552 must relate to the content of the films
                                                                                    concerned, such as, for example, the development of the same
                                                                                    story from one episode to another or the reappearance of one or
(1) OJ C 200 of 14.07.2001.
                                                                                    more characters in different episodes.
                                                                              (1) OJ C 289 of 13.10.2001.
                  JUDGMENT OF THE COURT
                           (Fifth Chamber)
                        of 23 October 2003
                                                                                               JUDGMENT OF THE COURT
in Case C-245/01 (Reference for a preliminary ruling from
the Niedersächsisches Oberverwaltungsgericht): RTL
Television GmbH v Niedersächsische Landesmedienan-                                                   of 21 October 2003
                 stalt für privaten Rundfunk (1)
                                                                              In Joined Cases C-261/01 and C-262/01 (Reference for a
(Directive 89/552/EEC — Article 11(3) — Television broad-                     preliminary ruling from the Hof van Beroep te Antwer-
casting — Television advertising — Advertising breaks in                      pen): Belgische Staat v Eugene Van Calster, Felix Cleeren
          audiovisual works — Definition of ‘series’)                         (C-261/01) and between Belgische Staat and Openbaar
                                                                                                Slachthuis NV (C-262/01) (1)
                           (2003/C 304/04)
                                                                              (Aid financed by parafiscal charges — Compulsory charges
                   (Language of the case: German)                             to finance a fund for animal health and livestock production
                                                                              — Retroactive effect of the charges — Validity of a
(Provisional translation; the definitive translation will be published        Commission decision concerning State aid — Powers of the
                    in the European Court Reports)                                                        Commission)
                                                                                                        (2003/C 304/05)
In Case C-245/01: Reference to the Court under Article 234
EC by the Niedersächsisches Oberverwaltungsgericht (Ger-
many) for a preliminary ruling in the proceedings pending                                         (Language of the case: Dutch)
before that court between RTL Television GmbH and Nieder-
sächsische Landesmedienanstalt für privaten Rundfunk, on the
interpretation of Article 11(3) of Council Directive 89/552/                  (Provisional translation; the definitive translation will be published
EEC of 3 October 1989 on the coordination of certain                                             in the European Court Reports)
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 Joined Cases C-261/01 and C-262/01: Reference to the
Council of 30 June 1997 (OJ 1997 L 202, p. 60), the                           Court under Article 234 EC by the Hof van Beroep te
Court (Fifth Chamber), composed of: C.W.A. Timmermans                         Antwerpen (Belgium) for a preliminary ruling in the proceed-
(Rapporteur), President of the Fourth Chamber, acting for the                 ings pending before that court between Belgische Staat and
President of the Fifth Chamber, D.A.O. Edward and P. Jann,                    Eugene Van Calster, Felix Cleeren (C-261/01) and between
Judges; F.G. Jacobs, Advocate General; M.-F. Contet, Principal                Belgische Staat and Openbaar Slachthuis NV (C-262/01), on
Administrator, for the Registrar, has given a judgment on                     the interpretation of Community law, in particular of
23 October 2003, in which it has ruled:                                       Article 93 of the EC Treaty (now Article 88 EC) and Article 173
                                                                              of the EC Treaty (now, after amendment, Article 230 EC) and
1.    Films which have been made for television and which provide,            of the Commission Decision of 9 August 1996 relating to aid
      from their conception, for breaks for the insertion of advertising      measure No N 366/96, the Court, composed of: V. Skouris,
      are covered by the term ‘films made for television’ in                  President, P. Jann, C.W.A. Timmermans (Rapporteur), C. Gul-
      Article 11(3) of Council Directive 89/552/EEC of 3 October              mann, J.N. Cunha Rodrigues and A. Rosas (Presidents of
      1989 on the coordination of certain provisions laid down by             Chambers), D.A.O. Edward, A. La Pergola, J.-P. Puissochet,
      law, regulation or administrative action in Member States               R. Schintgen, F. Macken, N. Colneric and S. von Bahr, Judges;
      concerning the pursuit of television broadcasting activities, as        F.G. Jacobs, Advocate General; H. von Holstein, Deputy
      amended by Directive 97/36/EC of the European Parliament                Registrar, has given a judgment on 21 October 2003, in which
      and of the Council of 30 June 1997.                                     it has ruled: