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Joined Cases C-555/23 and C-556/23, Makeleio and Zougla: Judgment of the Court (Fifth Chamber) of 26 June 2025 (requests for a preliminary ruling from the Symvoulio tis Epikrateias – Greece) – Makeleio EPE (C-555/23), Zougla G.R. AE (C-556/23) v Ethniko Symvoulio Radiotileorasis (ESR) (Reference for a preliminary ruling – Directive 2010/13/EU – Audiovisual media service providers – National legislation requiring respect for human dignity and prohibiting the broadcasting of content of poor quality – Principle of interpreting national law in conformity with EU law – Limits – Principle that offences and penalties must be defined by law – Principle of legal certainty)
ECLI:EU:UNKNOWN:62023CA0555
62023CA0555
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Official Journal of the European Union
C series
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C/2025/4429
18.8.2025
(Joined Cases C-555/23
Makeleio and Zougla)
(Reference for a preliminary ruling - Directive 2010/13/EU - Audiovisual media service providers - National legislation requiring respect for human dignity and prohibiting the broadcasting of content of poor quality - Principle of interpreting national law in conformity with EU law - Limits - Principle that offences and penalties must be defined by law - Principle of legal certainty)
(C/2025/4429)
Language of the case: Greek
Referring court
Parties to the main proceedings
Applicants: Makeleio EPE (C-555/23), Zougla G.R. AE (C-556/23)
Defendant: Ethniko Symvoulio Radiotileorasis (ESR)
Operative part of the judgment
1.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), as amended by Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018,
must be interpreted as meaning that national legislation which, on pain of a penalty, requires all media service providers, with the exception of those broadcasting their content via the internet, to respect the value of human dignity and to refrain from broadcasting content undermining that value comes within the scope of Directive 2010/13, as amended, and, in particular, of Article 6(1) thereof.
2.Article 6(1) of Directive 2010/13, as amended by Directive 2018/1808,
must be interpreted as precluding national legislation which, on pain of a penalty, requires all media service providers, with the exception of those broadcasting their content via the internet, to respect the value of human dignity and to refrain from broadcasting content undermining that value.
3.The principle that offences and penalties must be defined by law, enshrined in the first sentence of Article 49(1) of the Charter of Fundamental Rights of the European Union,
must be interpreted as precluding national legislation that, on pain of a penalty, requires all media service providers, with the exception of those broadcasting their content via the internet, to respect the value of human dignity and to refrain from broadcasting content undermining that value from being given, pursuant to the principle that national law must be interpreted in conformity with EU law, a broad interpretation so as to include within its scope that latter category of media service providers.
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(1) OJ C, C/2023/1286.
(2) OJ C, C/2023/1287.
ELI: http://data.europa.eu/eli/C/2025/4429/oj
ISSN 1977-091X (electronic edition)
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