Judgment of the Court (Grand Chamber) of 22 January 2013 (reference for a preliminary ruling from the Bundeskommunikationssenat - Austria) - Sky Österreich GmbH v Österreichischer Rundfunk
(Case C-283/11)
(Directive 2010/13/EU - Provision of audiovisual media services - Article 15(6) -Validity - Events of high interest to the public that are subject to exclusive broadcasting rights - Right of access of broadcasters to such events for the purpose of making short news reports - Limitation of possible compensation for the holder of the exclusive right to additional costs incurred in providing such access - Charter of Fundamental Rights of the European Union - Articles 16 and 17 - Proportionality)
Language of the case: German
Referring court
Bundeskommunikationssenat
Parties to the main proceedings
Applicant: Sky Österreich GmbH
Defendant: Österreichischer Rundfunk
Re:
Reference for a preliminary ruling - Bundeskommunikationssenat - Compatibility 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 (OJ 2010 L 95, p. 1) with the freedom to conduct a business and the right to property as guaranteed under Articles 16 and 17 of the Charter of Fundamental Rights of the European Union, and Article 1 of the Additional Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms - Right of all broadcasters to benefit, for the production of short news programmes, from access to events of high interest to the public which are subject to exclusive broadcasting rights - Limitation of possible compensation to additional costs incurred in providing such access - Proportionality
Operative part of the judgment
Consideration of the question raised has not disclosed any factor of such a kind 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).
____________1 - OJ C 269, 10.9.2011.