Type: Opinions of the Advocate General

Authority: European Authorities: Euopean Union' Court of Justice

Date: 05/16/2013

Subject: The Advocate General affirmed that a national rule which lays down, below the maximum transmission time of 20% of a given clock hour prescribed in Directive 2010/13/EU, shorter hourly advertising limits for television advertising on pay TV than on free-to-air private TV is incompatible with this directive in conjunction with the general principle of equal treatment under EU law and with Article 56 TFEU in so far as it pursues the aim of ensuring that free-to-air TV broadcasters receive higher advertising revenue, even though they do not have an apparent competitive disadvantage; on the contrary, this national rule is compatible with the directive in conjunction with the general principle of equal treatment under EU law and with Article 56 TFEU in so far as it pursues the aim, in a proportionate manner, of protecting consumers as viewers against excessive television advertising. The Advocate General finally affirmed that Articles 49 TFEU and 63(1) TFEU do not preclude such a rule.

Parties: Sky Italia s.r.l.

Classification: Freedoms - Art. 11 Media - Pluralism - Art. 15 Right of establishment - Solidarity - Art. 38 Consumer protection

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