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24.10.2009 |
EN |
Official Journal of the European Union |
C 256/7 |
Action brought on 22 July 2009 — Commission of the European Communities v Kingdom of Spain
(Case C-281/09)
2009/C 256/14
Language of the case: Spanish
Parties
Applicant: Commission of the European Communities (represented by: L. Lozano Palacios and C. Vrignon, Agents)
Defendant: Kingdom of Spain
Form of order sought
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Declare that, by allowing flagrant, repeated and serious infringements of the rules laid down in Article 18(2) of Council Directive of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (89/552/EEC (1)), the Kingdom of Spain has failed to fulfil its obligations under Article 3(2) of that directive, read in conjunction with Article 10 of the EC Treaty; |
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Order the Kingdom of Spain to pay the costs. |
Pleas in law and main arguments
The Commission submits that the restrictive interpretation which the Kingdom of Spain gives to the concept of advertising spots — which results in certain advertising practices (in particular, infomercials, telepromotion spots, sponsorship spots and micro-advertising spots) not being regarded as advertising spots, and therefore not being subject to the hourly limits imposed by Directive 89/552/EEC — infringes that directive.