21.7.2012

Official Journal of the European Union

C 217/11

(Case C-234/12)

2012/C 217/23

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Sky Italia s.r.l.

Defendant: Autorità per le Garanzie nelle Comunicazioni (AGCOM)

Questions referred

1.Must Article 4 of Directive 2010/13/EU, the general principle of equality and the rules of the Treaty on the Functioning of the European Union relating to the free movement of services, the right of establishment and the free movement of capital be interpreted as precluding the rules in Article 38(5) of Legislative Decree No 177/2005 which lay down shorter hourly advertising limits for pay-TV broadcasters than for free-to-air broadcasters?

2.Does Article 11 of the Charter of Fundamental Rights of the European Union, interpreted in the light of Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the case-law of the European Court of Human Rights, and does the principle of pluralism in the media, in particular, preclude the rules in Article 38(5) of Legislative Decree No 177/2005 which lay down shorter hourly advertising limits for pay-TV broadcasters than for free-to-air broadcasters, distorting competition and creating — or rather strengthening — dominant positions in the television advertising market?

Language of the case: Italian

(1) OJ 2010, L 95, p. 1.