Reference for a preliminary ruling from the Bundeskommunikationssenat (Austria) lodged on 4 April 2011 — Publikumsrat des Österreichischen Rundfunks v Österreichischer Rundfunk

(Case C-162/11)

2011/C 179/20

Language of the case: German

Referring court

Bundeskommunikationssenat

Parties to the main proceedings

Applicant: Publikumsrat des Österreichischen Rundfunks

Defendant: Österreichischer Rundfunk

Question referred

Are Articles 1(c), 10, 11 and 18(3) of Council Directive 89/552/EEC of 3 October 1989 (1) on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, as amended by Directive 97/36/EC of the European Parliament and of the Council of 19 June 1997 amending Directive 89/552 (2) to be interpreted as meaning that announcements of any kind made by a television broadcaster in its programmes and broadcasts and relating to its own (free-to-air) programmes and broadcasts are covered by the term ‘television advertising’ (Article 1(c)), and are, inter alia, the provisions on separation between editorial content and advertising and the recognisable nature of advertising in Article 10 and on the insertion of advertising in Article 11 consequently also applicable to such announcements?

(1)  OJ 1989 L 298, p. 23.

(2)  OJ 1989 L 202, p. 60.