Baltic Media Alliance Ltd v Lietuvos radijo ir televizijos komisija.
Date: 2019-07-04
24


In that regard, it should be recalled that, according to settled case-law, the procedure provided for by Article 267 TFEU is an instrument for cooperation between the Court of Justice and the national courts, by means of which the former provides the latter with the points of interpretation of EU law which they require in order to decide the disputes before them (see, inter alia, judgment of 6 September 2016, Petruhhin, C‑182/15, EU:C:2016:630, paragraph 18).
25


It also follows from that case-law that it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted concern the interpretation of a rule of EU law, the Court is in principle bound to give a ruling (judgment of 10 December 2018, Wightman and Others, C‑621/18, EU:C:2018:999, paragraph 26 and the case-law cited).
26


It follows that questions relating to EU law enjoy a presumption of relevance. The Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of EU law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (judgment of 10 December 2018, Wightman and Others, C‑621/18, EU:C:2018:999, paragraph 27 and the case-law cited).
27


Moreover, according to settled case-law, the justification for a reference for a preliminary ruling is not that it enables advisory opinions on general or hypothetical questions to be delivered but rather that it is necessary for the effective resolution of a dispute (judgment of 10 December 2018, Wightman and Others, C‑621/18, EU:C:2018:999, paragraph 28 and the case-law cited).
33


In this respect, it must be stated that this argument does not relate to the admissibility of the request for a preliminary ruling but goes to the substance of the dispute in the main proceedings and, more particularly, is the subject of the first question referred (see, by analogy, judgment of 4 October 1991, Society for the Protection of Unborn Children Ireland, C‑159/90, EU:C:1991:378, paragraph 15).
63


According to settled case-law of the Court, when a provision of EU law is being interpreted, account must be taken not only of its wording and the objectives it pursues, but also of its context and the provisions of EU law as a whole. The origin of a provision of EU law may also contain factors relevant to its interpretation (see, inter alia, judgment of 3 October 2013, Inuit Tapiriit Kanatami and Others v Parliament and Council, C‑583/11 P, EU:C:2013:625, paragraph 50).
66


Furthermore, it followed from the 9th and 10th recitals of Directive 89/552 that the restrictions the EU legislature intended to abolish were those resulting from disparities between the provisions of the Member States concerning the pursuit of broadcasting activities and the distribution of television programmes. The fields coordinated by that directive were thus coordinated only in so far as television broadcasting proper, as defined in Article 1(a) of that directive, was concerned (see, to that effect, judgment of 22 September 2011, Mesopotamia Broadcast and Roj TV, C‑244/10 and C‑245/10, EU:C:2011:607, paragraphs 31 and 32).
71


In this connection, it should be noted that the Court has held, in relation to Directive 89/552 as amended by Directive 97/36, Article 2a(1) and (2) of which corresponds in substance to Article 3(1) and (2) of Directive 2010/13, that Directive 89/552 established the principle of recognition by the receiving Member State of the control function of the originating Member State with respect to the audiovisual media services of providers falling within its jurisdiction (see, to that effect, judgment of 22 September 2011, Mesopotamia Broadcast and Roj TV, C‑244/10 and C‑245/10, EU:C:2011:607, paragraph 35).
72


The Court held in that respect that it is solely for the Member State from which audiovisual media services emanate to monitor the application of the law of the originating Member State applicable to those services and to ensure compliance with Directive 89/552 as amended by Directive 97/36, and that the receiving Member State is not authorised to exercise its own control for reasons which fall within the fields coordinated by that directive (see, to that effect, judgment of 22 September 2011, Mesopotamia Broadcast and Roj TV, C‑244/10 and C‑245/10, EU:C:2011:607, paragraph 36 and the case-law cited).
73


On the other hand, Directive 2010/13 does not in principle preclude the application of national rules with the general aim of pursuing an objective of general interest, provided that they do not involve a second control of television broadcasts in addition to that which the broadcasting Member State is required to carry out (see, to that effect, judgment of 9 July 1997, De Agostini and TV-Shop, C‑34/95 to C‑36/95, EU:C:1997:344, paragraph 34).