Thursday, 9 April 2009 10:25
TV channels may be obligated to finance European films
European Union Member States may obligate the television program providers to use part of their operational income to finance European made TV movies, announced the European Committee headquartered in Luxembourg in its Directive on Thursday.
European Union Member States may obligate the television
program providers to use part of their operational income to finance European
made TV movies, announced the European Court headquartered in Luxembourg in its
Resolution on Thursday.
The case found its way before the courts by the circumstance that Spanish legislation, which has adopted the community directives related to television broadcasting in its national laws, obligates television program providers to spend 5% of their operational income to finance the production of European small and feature films and TV movies. Sixty percent of this financing must go to the production of features whose original language is one of Spain’s official languages. The Association of Spanish Commercial TV Channels (UTECA) submitted a request to the effect that this national legislation be rendered impracticable, since it violates community law. The Spanish court turned to the legislative body in Luxembourg.
The European Court established in its resolution on Thursday that the Member States have the right to prescribe regulations more detailed or stringent than those included in the Community Directive. Such jurisdiction must be practiced, however, with consideration of the basic freedoms.
The measure taken by Spain may mean limitations on many of the basic freedoms, namely, the freedom of service provision, the right to settle freely, the free movement of capital and the free movement of employees. At the same time, such limitations may be justified if it is caused by reasons based on public interest, as explained by the European judges.
In this present case the European Court deems that the Spanish cultural reasons related to the protection of multi-lingual culture represent obliging reasons based on public interest.
Source: emasa.hu
The case found its way before the courts by the circumstance that Spanish legislation, which has adopted the community directives related to television broadcasting in its national laws, obligates television program providers to spend 5% of their operational income to finance the production of European small and feature films and TV movies. Sixty percent of this financing must go to the production of features whose original language is one of Spain’s official languages. The Association of Spanish Commercial TV Channels (UTECA) submitted a request to the effect that this national legislation be rendered impracticable, since it violates community law. The Spanish court turned to the legislative body in Luxembourg.
The European Court established in its resolution on Thursday that the Member States have the right to prescribe regulations more detailed or stringent than those included in the Community Directive. Such jurisdiction must be practiced, however, with consideration of the basic freedoms.
The measure taken by Spain may mean limitations on many of the basic freedoms, namely, the freedom of service provision, the right to settle freely, the free movement of capital and the free movement of employees. At the same time, such limitations may be justified if it is caused by reasons based on public interest, as explained by the European judges.
In this present case the European Court deems that the Spanish cultural reasons related to the protection of multi-lingual culture represent obliging reasons based on public interest.
Source: emasa.hu