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61996J0056 European Court reports 1997 Page I-03143 5 v United Kingdom, paragraph 58). 20 According to Vlaamse Gemeenschap, in order for the provisions concerning free provision of services to apply, it is not sufficient for the provider of a service to be established in another Member State; it is also necessary, as is clear from the judgment in Case C-55/94 Gebhard [1995] ECR I-4165, that the person providing the service must not also be established in the host Member State. 21 That argument disregards the fact the activity of a television broadcaster which consists in providing, on a permanent basis, services from the Member State in which it is established for the purposes of Article 2(1) of the Directive does not imply, as such, the pursuit in the host Member State of an activity in regard to which it must be determined whether it is temporary or not, as was the case in Case C-222/94 Commission v United Kingdom. 22 It must also be emphasized that the mere fact that all the broadcasts and advertisements are aimed exclusively at the Flemish public does not, as VTM claims, demonstrate that VT4 cannot be regarded as being established in the United Kingdom. The Treaty does not prohibit an undertaking from exercising the freedom to provide services if it does not offer services in the Member State in which it is established. 23 It follows from the foregoing that Article 2(1) of the Directive is to be interpreted as meaning that a television broadcaster comes under the jurisdiction of the Member State in which it is established. If a television broadcaster is established in more than one Member State, the Member State having jurisdiction over it is the one in whose territory the broadcaster has the centre of its activities, in particular where decisions concerning programme policy are taken and the programmes to be broadcast are finally put together. Costs 24 The costs incurred by the German and French Governments and by the Commission of the European Communities, which have submitted observations to the Court, are not recoverable. Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court, the decision on costs is a matter for that court. On those grounds, THE COURT (Sixth Chamber) in answer to the question referred to it by the Raad van State, Belgium, by judgment of 14 February 1996, hereby rules: Article 2(1) 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 is to be interpreted as meaning that a television broadcaster comes under the jurisdiction of the Member State in which it is established. If a television broadcaster is established in more than one Member State, the Member State having jurisdiction over it is the one in whose territory the broadcaster has the centre of its activities, in particular where decisions concerning programme policy are taken and the programmes to be broadcast are finally put together. DOCNUM 61996J0056 © An extract from a JUSTIS database 244
61996J0056 European Court reports 1997 Page I-03143 6 AUTHOR Court of Justice of the European Communities FORM Judgment TREATY European Economic Community TYPDOC 6 ; CJUS ; cases ; 1996 ; J ; judgment PUBREF European Court reports 1997 Page I-03143 DOC 1997/06/05 LODGED 1996/02/26 JURCIT 31989L0552-A02 : N 1 3 12 31989L0552-A02P1 : N 13 14 16 18 21 23 31989L0552-A02P2 : N 10 11992E059 : N 17 61994J0055 : N 20 61994J0222-N26 : N 15 61994J0222-N40 : N 16 61994J0222-N42 : N 17 61994J0222-N58 : N 19 61994J0222 : N 13 14 21 51995PC0086 : N 11 CONCERNS Interprets 31989L0552-A02P1 SUB Freedom of establishment and services ; Free movement of services AUTLANG Dutch OBSERV Federal Republic of Germany ; France ; Commission ; Member States ; Institutions NATIONA Belgium NATCOUR *A9* Raad van State (Belgie), afdeling administratie, arrest no 58.124 van 14/02/1996 (No 58.124) *P1* Raad van State (Belgie), afdeling administratie, arrest no 79.952 van 27/04/1999 (A. 61/900/XII-645) NOTES Voorhoof, Dirk: IRIS - Legal Observations of the European Audiovisual Observatory 1996 Vol.3 p.11 Bernaerts, Inge: Nederlandse staatscourant 1997 no 153 p.2 Buschle, Dirk: St. Galler Europarechtsbriefe 1997 p.357-361 Luby, Monique: Journal du droit international 1998 p.522-524 Edelman, Bernard: Recueil Dalloz Sirey 1999 Jur. p.192-194 Van den Beukel, J.: Rechtspraak media- en informatierecht (Ed. Ars Aequi Libri - Nijmegen) 2001 p.179-182 PROCEDU Reference for a preliminary ruling ADVGEN Lenz JUDGRAP Kapteyn © An extract from a JUSTIS database 245
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