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European Observer on fundamental right's respect

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Case Law C-250/06 (13/12/2007)

Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 12/13/2007

Subject: The Court of Justice ruled that Article 49 EC does not preclude legislation, such as the legislation at issue in the main proceedings, which requires, by virtue of a must-carry obligation, cable operators providing services on the relevant territory of that State to broadcast television programmes transmitted by private broadcasters falling under the public powers of that State and designated by the latter, where such legislation pursues an aim in the general interest, such as the retention, pursuant to the cultural policy of that Member State, of the pluralist character of the television programmes available in that territory, and the freedom of expression of the different social, cultural, religious, philosophical or linguistic components which exist in the bilingual region of Brussels-Capital, and it is not disproportionate in relation to that objective, which means that the manner in which it is applied must be subject to a transparent procedure based on objective non-discriminatory criteria known in advance.

Parties: United Pan Europe Communications Belgium SA, Coditel Brabant SPRL, Société Intercommunale pour la Diffusion de la Télévision (Brutélé), Wolu TV ASBL e Belgio

Classification: Freedoms - Art. 11 Freedom of expression - Media - Pluralism - Art. 15 Freedom to provide services

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