Master's Program 2004/2005 Technical and Fiscal Barriers ... - Lexnet

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61997J0061 European Court reports 1998 Page I-05171 8 NATIONA Denmark NATCOUR *A9* Retten i Aalborg, beslutning af 07/02/97 (BS 9200949-3) NOTES Decker, Ute: European Law Reporter 1998 p.522-523 Mok, M.R.: TVVS ondernemingsrecht en rechtspersonen 1998 p.381 Kéréver, André: Revue internationale du droit d'auteur 1999 no 179 p.300-305 Edelman, Bernard: Recueil Dalloz Sirey 1999 Jur. p.240-241 Travers, Noel: European Law Review 1999 p.171-177 Berr, Claude J.: Journal du droit international 1999 p.554-555 Hermitte, Marie-Angèle: Journal du droit international 1999 p.606-608 Tserkezis, Giorgos: Armenopoulos 1999 p.888 Kamina, P.: La Semaine juridique - entreprise et affaires 2000 p.81 PROCEDU Reference for a preliminary ruling ADVGEN La Pergola JUDGRAP Puissochet DATES of document: 22/09/1998 of application: 12/02/1997 © An extract from a JUSTIS database 232
61991J0148 European Court reports 1993 Page I-00487 1 Judgment of the Court of 3 February 1993 Vereniging Veronica Omroep Organisatie v Commissariaat voor de Media. Reference for a preliminary ruling: Raad van State - Netherlands. Freedom to provide services - Free movement of capital - National legislation designed to preserve a pluralistice and non-commercial broadccasting network. Case C-148/91. ++++ 1. Freedom to provide services ° Restrictions imposed on providers of services seeking to evade the rules governing the activity in which they are engaged ° Permissibility (EEC Treaty, Art. 59) 2. Freedom to provide services ° Free movement of capital ° Restrictions ° Legislation prohibiting a broadcasting organization established on national territory from investing in a broadcasting company whose activities are directed towards that territory from an establishment in another Member State ° Conditions (EEC Treaty, Arts 59 and 67) 1. A Member State cannot be denied the right to take measures to prevent a person whose activity is entirely or principally directed towards its territory from exercising the freedom guaranteed by Article 59 of the Treaty in order to evade the rules of conduct which would be applicable to him if he were established within that State. In particular, where a cultural policy seeks to establish a pluralistic and non-commercial radio and television broadcasting system, legislation which has the effect, with a view to safeguarding the exercise of the freedoms guaranteed by Articles 59 and 67 of the Treaty, of ensuring that national broadcasting organizations cannot improperly evade their obligations concerning programme content cannot be regarded as incompatible with those articles. 2. The provisions of the Treaty on the free movement of capital and the freedom to provide services must be interpreted as not precluding legislation of a Member State which prohibits a broadcasting organization established in that State from investing in a broadcasting company established or to be established in another Member State and from providing that company with a bank guarantee or drawing up a business plan and giving legal advice to a television company to be set up in another Member State, where those activities are directed towards the establishment of a commercial television station whose broadcasts are intended to be received, in particular, in the territory of the first Member State and where those prohibitions are necessary in order to ensure the pluralistic and non-commercial character of the audio-visual system introduced by that legislation. In Case C-148/91, REFERENCE to the Court under Article 177 of the EC Treaty by the Nederlandse Raad van State (Council of State of the Netherlands) for a preliminary ruling in the proceedings pending before that court between Vereniging Veronica Omroep Organisatie and Commissariaat voor de Media on the interpretation of Articles 59 and 67 of the EEC Treaty and of the First Directive of the Council of 11 May 1960 for the implementation of Article 67 of the Treaty (OJ English Special © An extract from a JUSTIS database 233
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