«(Directive 89/552/EEC – Article 11(3) – Television broadcasting – Television advertising – Advertising breaks in audiovisual works – Definition of series)»

1.. Freedom to provide services – Television broadcasting – Directive 89/552 – Television advertising – Frequency of advertising slots during broadcasts – Increased protection of audiovisual works – Films made for television – Meaning – Films providing, from their conception, for breaks for the insertion of advertising – Included (Council Directive 89/552, Art. 11(3))

2.. Freedom to provide services – Television broadcasting – Directive 89/552 – Television advertising – Frequency of advertising slots during broadcasts – Increased protection of audiovisual works – Exception for series – Criteria (Council Directive 89/552, Art. 11(3))

JUDGMENT OF THE COURT (Fifth Chamber) 23 October 2003 (1)

((Directive 89/552/EEC – Article 11(3) – Television broadcasting – Television advertising – Advertising breaks in audiovisual works – Definition of series))

In Case C-245/01,

REFERENCE to the Court under Article 234 EC by the Niedersächsisches Oberverwaltungsgericht (Germany) for a preliminary ruling in the proceedings pending before that court between

and

on the interpretation of Article 11(3) of Council Directive 89/552/EEC 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 (OJ 1989 L 298, p. 23), as amended by Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997 (OJ 1997 L 202, p. 60),

THE COURT (Fifth Chamber),,

composed of: C.W.A. Timmermans (Rapporteur), President of the Fourth Chamber, acting for the President of the Fifth Chamber, D.A.O. Edward and P. Jann, Judges,

Advocate General: F.G. Jacobs,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of RTL Television GmbH, represented by T. Tschentscher and J. Sommer; of the Niedersächsische Landesmedienanstalt für privaten Rundfunk, represented by A. Fischer, acting as Agent; and of the Commission, represented by C. Tufvesson, assisted by W. Berg, at the hearing on 29 January 2003,

after hearing the Opinion of the Advocate General at the sitting on 22 May 2003,

gives the following

Community law

...

The European Convention on Transfrontier Television

...

The European Convention for the Protection of Human Rights and Fundamental Freedoms

German Law

The first question

Observations submitted to the Court

Reply of the Court

The second, third and fourth questions

Observations submitted to the Court

Reply of the Court

On those grounds,

THE COURT (Fifth Chamber),

in answer to the questions referred to it by the Niedersächsisches Oberverwaltungsgericht by order of 15 June 2001, hereby rules:

Timmermans

Edward

Jann

Delivered in open court in Luxembourg on 23 October 2003.

R. Grass

V. Skouris

Registrar

President