The freedom to conduct a business and the right to receive information for free external link
Abstract
Annotation to ECJ 22 January 2013, C-283/11, Sky Österreich GmbH v. Österreichischer Rundfunk.
The judgment of the ECJ concerns the validity of Article 15 (6) of the Audiovisual Media Directive on the right to broadcast short fragments of sporting events on television, without having to pay a compensation to the rights holder. The Court held that the provision does not violate the right to property and the right to conduct a business, guaranteed by the Charter of Fundamental Rights. The judgment shows a remarkable difference with the case law of the constitutional courts of Austria and Germany.
The judgment of the ECJ concerns the validity of Article 15 (6) of the Audiovisual Media Directive on the right to broadcast short fragments of sporting events on television, without having to pay a compensation to the rights holder. The Court held that the provision does not violate the right to property and the right to conduct a business, guaranteed by the Charter of Fundamental Rights. The judgment shows a remarkable difference with the case law of the constitutional courts of Austria and Germany.
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