Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 18 July 2014 — New Media Online GmbH v Bundeskommunikationssenat

(Case C-347/14)

Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings

Applicant: New Media Online GmbH

Defendant: Bundeskommunikationssenat

Additional party: The Bundeskanzler

Questions referred

Should Article 1(1)(b) of /EU ¹ 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) be interpreted as meaning that the form and content of a service under examination can be considered to be sufficiently comparable to the form and content of television broadcasting if such services are also offered in television broadcasting which can be regarded as mass media and which are intended for reception by, and could have a clear impact on, a significant proportion of the general public?

Should Article 1(1)(a)(i) of /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) be interpreted as meaning that an assessment of the principal purpose of a service offered in the electronic version of a newspaper can be based on a subsection mainly providing a collection of short videos, which in other sections of the website are used only to supplement text articles in the online newspaper?

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¹ OJ 2010 L 95, p. 1.