EU & Human Rights

ARD (Freedom to provide services)

[1999] EUECJ C698Court of Justice of the European Union (including the General Court)1999

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(Television broadcasting - Limitation on transmission time allocated to advertising)

REFERENCE to the Court under Article 177 of the EC Treaty (now Article 234 EC) by the Oberlandesgericht Stuttgart, Germany, for a preliminary ruling in the proceedings pending before that court between Arbeitsgemeinschaft Deutscher Rundfunkanstalten (ARD)

supported by SAT 1 Satellitenfernsehen GmbH, Kabel 1, K 1 Fernsehen GmbH, on the interpretation of Article 11(3) 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), as amended by Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997 (OJ 1997 L 202, p. 60), THE COURT (Sixth Chamber),

composed of: R. Schintgen, President of the Second Chamber, acting as President of the Sixth Chamber, P.J.G. Kapteyn (Rapporteur) and H. Ragnemalm, Judges, Advocate General: F.G. Jacobs, Registrar: H. von Holstein, Deputy Registrar,

'Member States shall remain free to require television broadcasters under their jurisdiction to comply with more detailed or stricter rules in the areas covered by this Directive.'

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