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Case C-719/18: Judgment of the Court (Fifth Chamber) of 3 September 2020 (request for a preliminary ruling from the Tribunale amministrativo regionale per il Lazio — Italy) — Vivendi SA v Autorità per le Garanzie nelle Comunicazioni (Reference for a preliminary ruling — Electronic communications — Article 11(2) of the Charter of Fundamental Rights of the European Union — Freedom and pluralism of the media — Freedom of establishment — Article 49 TFEU — Directive 2002/21/EC — Articles 15 and 16 — National legislation prohibiting an undertaking which has significant market power in a sector from establishing a ‘significant economic dimension’ in another sector — Calculation of revenues received in the electronic communications sector and the media sector — Definition of the electronic communications sector — Restriction to markets which have been subject to ex ante regulation — Account taken of the income of affiliated companies — Fixing of different income thresholds for undertakings active in the electronic communications sector)
ECLI:EU:UNKNOWN:62018CA0719
62018CA0719
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Official Journal of the European Union
C 378/3
(Case C-719/18) (<span class="oj-super oj-note-tag">1</span>)
(Reference for a preliminary ruling - Electronic communications - Article 11(2) of the Charter of Fundamental Rights of the European Union - Freedom and pluralism of the media - Freedom of establishment - Article 49 TFEU - Directive 2002/21/EC - Articles 15 and 16 - National legislation prohibiting an undertaking which has significant market power in a sector from establishing a ‘significant economic dimension’ in another sector - Calculation of revenues received in the electronic communications sector and the media sector - Definition of the electronic communications sector - Restriction to markets which have been subject to ex ante regulation - Account taken of the income of affiliated companies - Fixing of different income thresholds for undertakings active in the electronic communications sector)
(2020/C 378/03)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Vivendi SA
Defendant: Autorità per le Garanzie nelle Comunicazioni
Intervening party: Mediaset SpA
Operative part of the judgment
Article 49 TFEU must be interpreted as precluding legislation of a Member State which has the effect of preventing a company registered in another Member State, the revenue of which in the electronic communications sector, as defined for the purposes of that legislation, is in excess of 40 % of the total revenues generated in that sector, from earning, within the integrated communications system, revenue which exceeds 10 % of the total revenues generated in that system.
(<span class="oj-super">1</span>) OJ C 103, 18.3.2019.