Source: All England Reporter
Publisher Citation: [2002] All ER (D) 144 (Jan)
Court: Court of Justice of the European Communities
Judge:

Judges Rodríguez Iglesias (President), Macken and Colneric (Presidents of Chambers), Gulmann, Edward (Rapporteur), La Pergola, Puissochet, Schintgen and Skouris

Judgment Dates: 22 January 2002

Catchwords

European Community - Freedom of movement - Goods - Restriction of freedom - National legislation of member state requiring operators of conditional-access television services to register in a national register - Meaning of 'technical regulation' - Whether measure restricting free movement of goods - Guidance - Council Directive (EEC) 83/189 - European Parliament and Council Directive (EC) 95/47 - EC Treaty, arts 30 and 59 (now arts 28 EC and 49 EC) .

The Case

On a reference to the Court of Justice of the European Communities by the Spanish Tribunal Supremo for a preliminary ruling on questions on whether Spanish secondary legislation regarding the creation of a register of operators of conditional-access television services violated the fundamental freedoms of the free movement of goods and services, the Court laid down guidelines for the referring court to take into account in determining whether the legislation complied with the principle of proportionality.

Practice Areas

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