Judgment of the Court of Justice, Foglia, Case 244/80 (16 December 1981)

In the Sacchi judgment, the Court of Justice defines the notions of services (the transmission of television signals) and of goods (the physical medium for the signals). According to the Court, Article 37 of the EC Treaty (now Article 31), in the Chapter on the elimination of quantitative restrictions on the free movement of goods, refers to commercial monopolies and not to service monopolies. Accordingly, Community law does not prevent the Italian monopoly on television advertising insofar as it can be justified by ‘considerations of public interest of a non-economic nature’. However, this principle is tempered by the condition that exclusive rights of this nature must not have a discriminatory influence on trade between Member States, and by the application of the rules on competition, in particular Article 90 (now Article 86).

Source and copyright

Source: Reports of Cases before the Court. 1981. [s.l.].

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