CELEX: 62017CA0298
Language: en
Date: 2018-12-13 00:00:00
Title: Case C-298/17: Judgment of the Court (Fourth Chamber) of 13 December 2018 (request for a preliminary ruling from the Conseil d’État — France) — France Télévisions SA v Playmédia, Conseil supérieur de l’audiovisuel (CSA) (Reference for a preliminary ruling — Directive 2002/22/EC — Electronic communications networks and services — Universal service and users’ rights — Undertaking providing an electronic communications network used for the distribution of radio or television broadcasts to the public — Undertaking offering the live streaming of television programmes online — ‘Must carry’ obligation)

18.2.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 65/7
            
         
      Judgment of the Court (Fourth Chamber) of 13 December 2018 (request for a preliminary ruling from the Conseil d’État — France) — France Télévisions SA v Playmédia, Conseil supérieur de l’audiovisuel (CSA)
      (Case C-298/17) (1)
      
      ((Reference for a preliminary ruling - Directive 2002/22/EC - Electronic communications networks and services - Universal service and users’ rights - Undertaking providing an electronic communications network used for the distribution of radio or television broadcasts to the public - Undertaking offering the live streaming of television programmes online - ‘Must carry’ obligation))
      (2019/C 65/07)
      Language of the case: French
      
         Referring court
      
      Conseil d’État
      
         Parties to the main proceedings
      
      
         Applicant: France Télévisions SA
      
         Defendants: Playmédia, Conseil supérieur de l’audiovisuel (CSA)
      
         Intervener: Ministry of Culture and Communication
      
         Operative part of the judgment
      
      
                  1.
               
               
                  Article 31(1) of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive), as amended by Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009, must be interpreted as meaning that an undertaking which offers the live streaming of television programmes online must not, based on that fact alone, be regarded as an undertaking which provides an electronic communications network used for the distribution of radio or television channels to the public.
               
            
                  2.
               
               
                  The provisions of Directive 2002/22, as amended by Directive 2009/136, must be interpreted as not precluding a Member State from imposing, in a situation such as that at issue in the main proceedings, a ‘must carry’ obligation on undertakings which, without providing electronic communication networks, offer the live streaming of television programmes online.
               
            
         (1)  OJ C 256, 7.8.2017.