EU: ECJ’s Key Ruling On TV Directive

The European Court of Justice (ECJ) has made a key ruling will have a profound impact on the future interpretation of the Television Without Frontiers Directive, which itself has acquired a significant status in the growth of the single market.

The ECJ ruled that Sweden – which bans TV advertising aimed at children – could not block advertisements broadcast from another EU Member State and which are capable of being received within Sweden. However, Sweden retains the right to ban such commercials when they are broadcast from within Sweden. The more important case of the three jointly considered, that of De Agostini, focused on an advertisement for a children’s magazine about dinosaurs that the publishing company De Agostini broadcast on the television channels TV3 – a British-based channel beaming its programmes into Sweden – and TV4 in 1993. In its ruling the ECJ stated that while a “receiving state may continue to apply its rules having the general purpose of protecting consumers and minors” it “may not stop retransmission of a broadcast coming from another Member State or apply provisions having the specific purpose of controlling the content of television advertising directed at minors.” In its judgement the ECJ has thus re-affirmed the country of origin principle, a basic element of the development of the EU’s internal free market.