AUDIOVISUAL POLICY : ECJ: CULTURE CAN LIMIT PROVISION OF TV PROGRAMMES.

The EU Court of Justice gave its ruling on 13 December fitting to celebrate the bilingual nature of the Brussels-Capital Region, in the framework of the preliminary issues on the free provision of audiovisual services posed by the Belgian Council of State (Case C-250/06). Before the Court, the cable distributors UPC, Coditel Brabant SPRL, Brutele and Wolu TV ASBL contested their obligation, imposed by a national regulation, to show, in the Brussels-Capital Region, the programmes of certain channels falling under the powers of the French Community and the Flemish Community, having a must carry' status. To recall, this scheme, which is a matter for each of the EU member states, aims to "safeguard the pluralist and cultural nature of audiovisual programmes" and "to guarantee that all viewers have access to this pluralism".

Cable distributors believe, however, that this regulation unjustifiably impedes the free provision of services.

The Court's response is clear: a cultural policy can constitute an overriding reason relating to the general interest justifying a restriction of the free provision of services.

Given the bilingual nature of the Brussels region, it "constitutes an appropriate means of achieving the cultural objective pursued". In other words, viewers "will not be deprived of access, in their own language, to local and national news as well as to programmes which are representative of their culture".

NON-DISCRIMINATORY CRITERIA

In fact, specifies the ruling, the free provision of services in the EU does not come into...