CJEU - C 283/11 / Opinion Sky Österreich GmbH v Österreichischer Rundfunk

Key facts of the case:
  1. This reference for a preliminary ruling requests the Court to evaluate the conformity with fundamental rights, in this case, the freedom to conduct a business and the right to property, of Article 15(6) of 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). (2)
  2. Article 15 of the Directive confers on broadcasters the right to make short news reports on events of high interest to the public which are transmitted on an exclusive basis by a television broadcasting organisation. To this end, broadcasters are allowed access to the signal emitted by the body that holds the exclusive transmission rights in order to enable them to choose the short extracts that will make up their news reports.
  3. Article 15(6) of the Directive lays down the rule that where, in the implementation of the right thus granted to broadcasters, compensation is provided for, it may not exceed the additional costs directly incurred in providing access to short extracts.
  4. In connection with the last mentioned provision, this reference for a preliminary ruling raises the question of reconciling requirements relating to the protection of various fundamental rights, namely the freedom to conduct a business and the right to property on the one hand, and the freedom to receive information and media pluralism on the other.
Results (sanctions) and key consequences of the case:
 
In the light of the foregoing considerations, I propose that the Court should reply as follows to the question referred to it by the Bundeskommunikationssenat:
 
Examination of the question referred has not disclosed any factor such as to affect the validity of Article 15(6) of 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). 
Paragraphs referring to EU Charter: 

 

25-54, 62-63, 70-80