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European Observer on fundamental right's respect

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Case Law C-555/19 (03/02/2021)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 02/03/2021

Subject: The Court affirmed that Directive 2010/13/EU on the Audiovisual Media Services and Article 11 of the Charter of Fundamental Rights of the European Union do not preclude national legislation which prohibits television broadcasters from inserting in their programmes broadcast throughout the national territory television advertising whose broadcasting is limited to a regional level. Article 56 TFEU does not preclude such national legislation, provided that it is suitable for securing the attainment of the objective of protecting media pluralism at regional and local level which it pursues and does not go beyond what is necessary to attain that objective. Finally, the Court affirmed that Article 20 of the Charter of Fundamental Rights does not preclude such national legislation, provided that it does not give rise to unequal treatment between national television broadcasters and internet advertising providers as regards the broadcasting of advertising at regional level

Parties: Fussl Modestraße Mayr

Classification: Freedoms - Art. 11 Media - Pluralism - Equality - Art. 20 Equality

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