CJEU Case C-368/95 / Judgment

Vereinigte Familiapress Zeitungsverlags- und vertriebs GmbH v Heinrich Bauer Verlag
Policy area
Audiovisual and media
Deciding body type
Court of Justice of the European Union
Deciding body
Court
Type
Decision
Decision date
26/06/1997
ECLI (European case law identifier)
ECLI:EU:C:1997:325

Whereas this judgement does not relate to the Charter of Fundamental Rights of the European Union it is included in the case law database because it is referred to in FRA’s Charter e-guidance. The latter is an online tool guiding judges and other legal practitioners through the relevant questions concerning the applicability of the Charter.

  • CJEU Case C-368/95 / Judgment

    Key facts of the case:

    Reference for a preliminary ruling: Handelsgericht Wien - Austria.

    Measures having equivalent effect - Distribution of periodicals - Prize competitions - National prohibition.

    Outcome of the case:

     

    On those grounds, THE COURT, in answer to the question referred to it by the Handelsgericht Wien, by order of 15 September 1995, hereby rules:

    Article 30 of the EC Treaty is to be interpreted as not precluding application of legislation of a Member State the effect of which is to prohibit the distribution on its territory by an undertaking established in another Member State of a periodical produced in that latter State containing prize puzzles or competitions which are lawfully organized in that State, provided that that prohibition is proportionate to maintenance of press diversity and that that objective cannot be achieved by less restrictive means. This assumes, inter alia, that the newspapers offering the chance of winning a prize in games, puzzles or competitions are in competition with small newspaper publishers who are deemed to be unable to offer comparable prizes and the prospect of winning is liable to bring about a shift in demand. Furthermore, the national prohibition must not constitute an obstacle to the marketing of newspapers which, albeit containing prize games, puzzles or competitions, do not give readers residing in the Member State concerned the opportunity to win a prize. It is for the national court to determine whether those conditions are satisfied on the basis of a study of the national press market concerned.

  • Relevance of Charter

    Whereas this judgement does not relate to the Charter of Fundamental Rights of the European Union it is included in the case law database because it is referred to in FRA’s Charter e-guidance. The latter is an online tool guiding judges and other legal practitioners through the relevant questions concerning the applicability of the Charter.