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61996J0056 European Court reports 1997 Page I-03143 1
Judgment of the Court (Sixth Chamber)
of 5 June 1997
VT4 Ltd v Vlaamse Gemeenschap.
Reference for a preliminary ruling: Raad van State - Belgium.
Free movement of services - Television broadcasting - Establishment - Evasion of domestic
legislation.
Case C-56/96.
Freedom to provide services - Television broadcasting - Directive 89/552 - Television broadcaster under
the jurisdiction of a Member State - Determining criterion - Establishment - Broadcaster established in
more than one Member State
(Council Directive 89/552, Art. 2(1))
Article 2(1) of Directive 89/552 on the coordination of certain provisions laid down by law, regulation or
administrative action in Member States concerning the pursuit of television broadcasting activities is to be
interpreted as meaning that a television broadcaster comes under the jurisdiction of the Member State in
which it is established.
Although the directive contains no express definition of the phrase `broadcasters under [the] jurisdiction [of
a Member State]', it follows from the wording of Article 2(1) that the concept of jurisdiction of a Member
State has to be understood as necessarily covering jurisdiction ratione personae over television
broadcasters, which can be based only on their connection to that State's legal system, which in substance
overlaps with the concept of establishment as used in the first paragraph of Article 59 of the Treaty, the
wording of which presupposes that the supplier and the recipient of a service are `established' in two
different Member States.
Where a television broadcaster is established in more than one Member State, the Member State having
jurisdiction over it is the Member State in which the broadcaster has the centre of its activities, in
particular the place where decisions concerning programme policy are taken and where the programmes to
be broadcast are finally put together.
In Case C-56/96,
REFERENCE to the Court under Article 177 of the EC Treaty by the Raad van State, Belgium, for a
preliminary ruling in the proceedings pending before that court between
VT4 Ltd
and
Vlaamse Gemeenschap,
Third parties:
Intercommunale Maatschappij voor Gas en Elektriciteit van het Westen (Gaselwest) and Others,
Vlaamse Uitgeversmaatschappij NV (VUM) Integan Intercommunale CV and Others,
Vlaamse Televisie Maatschappij NV (VTM),
on the interpretation of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain
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),
THE COURT
(Sixth Chamber),
composed of: G.F. Mancini, President of the Chamber, J.L. Murray, C.N. Kakouris, P.J.G. Kapteyn
(Rapporteur) and H. Ragnemalm, Judges,
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