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Case C-255/21, Reti Televisive Italiane: Judgment of the Court (Third Chamber) of 30 January 2024 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Reti Televisive Italiane SpA (RTI) v Autorità per le Garanzie nelle Comunicazioni (Reference for a preliminary ruling — Directive 2010/13/EU — Audiovisual media services — Article 23(1) and (2) — Limits on the hourly broadcasting time for television advertising — Exceptions — Concept of ‘announcements made by the broadcaster in connection with its own programmes’ — Announcements made by such an organisation in order to promote broadcasts of a radio station belonging to the same broadcasting group as that broadcaster)
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Official Journal of the European Union
Series C
C/2024/1992
18.3.2024
(Case C-255/21, (1) Reti Televisive Italiane)
(Reference for a preliminary ruling - Directive 2010/13/EU - Audiovisual media services - Article 23(1) and (2) - Limits on the hourly broadcasting time for television advertising - Exceptions - Concept of ‘announcements made by the broadcaster in connection with its own programmes’ - Announcements made by such an organisation in order to promote broadcasts of a radio station belonging to the same broadcasting group as that broadcaster)
(C/2024/1992)
Language of the case: Italian
Referring court
Parties to the main proceedings
Appellant: Reti Televisive Italiane SpA (RTI)
Respondent: Autorità per le Garanzie nelle Comunicazioni (AGCOM)
interested parties: Elemedia SpA, Radio Dimensione Suono SpA, RTL 102,500 Hit Radio Srl
Operative part of the judgment
Article 23(2) of Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)
must be interpreted as meaning that the concept of ‘announcements made by the broadcaster in connection with its own programmes’ does not cover promotional announcements made by a broadcaster for a radio station belonging to the same group of companies as that broadcaster, except where, first, the programmes which are the subject of those promotional announcements are ‘audiovisual media services’ within the meaning of Article 1(1)(a) of that directive, which implies that they are dissociable from the principal activity of that radio station and, second, that broadcaster has ‘editorial responsibility’ for those programmes within the meaning of Article 1(1)(c) of that directive.
(1) OJ C 329, 16.8.2021.
ELI: http://data.europa.eu/eli/C/2024/1992/oj
ISSN 1977-091X (electronic edition)
END