Key facts of the case:
Reference for a preliminary ruling — Freedom to provide services — Directive 2010/13/EU — Definitions — Concept of ‘audiovisual media service’ — Scope — Channel available on YouTube for videos promoting new passenger cars.
Outcome of the case:
On those grounds, the Court (Ninth Chamber) hereby rules:
Article 1(1)(a) 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 (the Audiovisual Media Services Directive) must be interpreted as meaning that the definition of ‘audiovisual media service’ covers neither a video channel, such as that at issue in the main proceedings, on which internet users can view short promotional videos for new passenger car models, nor a single video of that kind considered in isolation.
25) That finding is not called into question by Peugeot Deutschland’s assertion that such an exclusion amounts to a difference in treatment of its promotional videos as against programmes which do not have any advertising purpose, which, it submits, is contrary to Article 11 of the Charter of Fundamental Rights of the European Union enshrining the freedom of expression and information.