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Publishers Abstract:
Discussed is the Jan 22, 2013, Judgment of the European Court of Justice (Grand Chamber) in Case C-283/11, Sky Osterreich GmbH v. Osterreichischer Rundfunk. There are several reasons why the Sky Osterreich judgment is interesting. First, unlike the Advocate General, the ECJ decides that the right to property is not applicable in this case. Second, the ECJ is very thorough in its review of the compatibility of the Directive with the freedom to conduct a business. Thirdly, the Court makes clear that two fundamental rights need to be balanced. Not only the right to conduct a business is at stake, but also the right of the public to be informed under Article 11 of the Charter. Finally, the judgment shows a remarkable difference with the case law of the constitutional courts of Germany and Austria. The national law of Germany on short reporting stood as a model for the pertinent Audiovisual Media Services Directive.
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