Judgment of the Court (Third Chamber) of 3 February 2021 (request for a preliminary ruling from the Landgericht Stuttgart — Germany) — Fussl Modestraße Mayr GmbH v SevenOne Media GmbH, ProSiebenSat.1 TV Deutschland GmbH, ProSiebenSat.1 Media SE

(Case C-555/19) (1)

(Reference for a preliminary ruling - Directive 2010/13/EU - Provision of audiovisual media services - Article 4(1) - Freedom to provide services - Equal treatment - Article 56 TFEU - Articles 11 and 20 of the Charter of Fundamental Rights of the European Union - Audiovisual commercial communication - National legislation prohibiting television broadcasters from inserting in their programmes broadcast throughout the national territory television advertisements whose broadcasting is limited to a regional level)

(2021/C 110/07)

Language of the case: German

Referring court

Landgericht Stuttgart

Parties to the main proceedings

Applicant: Fussl Modestraße Mayr GmbH

Defendants: SevenOne Media GmbH, ProSiebenSat.1 TV Deutschland GmbH, ProSiebenSat.1 Media SE

Operative part of the judgment

Article 4(1) of Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (‘the Audiovisual Media Services Directive’) and Article 11 of the Charter of Fundamental Rights of the European Union must be interpreted as not precluding national legislation which prohibits television broadcasters from inserting in their programmes broadcast throughout the national territory television advertising whose broadcasting is limited to a regional level;

Article 56 TFEU must be interpreted as not precluding such national legislation, provided that it is suitable for securing the attainment of the objective of protecting media pluralism at regional and local level which it pursues and does not go beyond what is necessary to attain that objective, which it is for the referring court to ascertain;

Article 20 of the Charter of Fundamental Rights must be interpreted as not precluding such national legislation, provided that it does not give rise to unequal treatment between national television broadcasters and internet advertising providers as regards the broadcasting of advertising at regional level, which it is for the referring court to ascertain.

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(1)  OJ C 357, 21.10.2019.