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Case C-281/09: Action brought on 22 July 2009 — Commission of the European Communities v Kingdom of Spain
ECLI:EU:UNKNOWN:62009CN0281
62009CN0281
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Valentina R., lawyer
24.10.2009
EN
Official Journal of the European Union
C 256/7
(Case C-281/09)
2009/C 256/14
Language of the case: Spanish
Parties
Applicant: Commission of the European Communities (represented by: L. Lozano Palacios and C. Vrignon, Agents)
Defendant: Kingdom of Spain
Form of order sought
—Declare that, by allowing flagrant, repeated and serious infringements of the rules laid down in Article 18(2) of Council Directive of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (89/552/EEC (1)), the Kingdom of Spain has failed to fulfil its obligations under Article 3(2) of that directive, read in conjunction with Article 10 of the EC Treaty;
—Order the Kingdom of Spain to pay the costs.
Pleas in law and main arguments
The Commission submits that the restrictive interpretation which the Kingdom of Spain gives to the concept of advertising spots — which results in certain advertising practices (in particular, infomercials, telepromotion spots, sponsorship spots and micro-advertising spots) not being regarded as advertising spots, and therefore not being subject to the hourly limits imposed by Directive 89/552/EEC — infringes that directive.
(1) OJ 1989 L 298, p. 23.