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Case C-411/21: Judgment of the Court (Seventh Chamber) of 27 October 2022 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Instituto do Cinema e do Audiovisual IP v NOWO Communications SA (Reference for a preliminary ruling — Article 56 TFEU — Freedom to provide services — Services consisting in the creation and production of cinematographic and audiovisual works — Operators of subscription television services — Subscription fee payable by subscription television operators — Allocation of the revenue from the fee — Restriction — Effects too uncertain or too indirect)
ECLI:EU:UNKNOWN:62021CA0411
62021CA0411
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12.12.2022
Official Journal of the European Union
C 472/19
(Case C-411/21)
(Reference for a preliminary ruling - Article 56 TFEU - Freedom to provide services - Services consisting in the creation and production of cinematographic and audiovisual works - Operators of subscription television services - Subscription fee payable by subscription television operators - Allocation of the revenue from the fee - Restriction - Effects too uncertain or too indirect)
(2022/C 472/21)
Language of the case: Portuguese
Referring court
Parties to the main proceedings
Applicant: Instituto do Cinema e do Audiovisual IP
Defendant: NOWO Communications SA
Operative part of the judgment
Article 56 TFEU must be interpreted as not precluding national legislation introducing a fee intended to finance the promotion and dissemination of cinematographic and audiovisual works, provided that any effects of that fee on the freedom to provide services for the production of such works are too uncertain and indirect to constitute a restriction within the meaning of that provision.
(1) OJ C 452, 8.11.2021.