Keywords
Summary

Keywords

1. Preliminary rulings – Admissibility – Need to supply the Court of Justice with information concerning the factual and legislative context – Extent of the obligation in the field of competition

(Arts 82 EC, 86 EC and 234 EC; Statute of the Court of Justice, Art. 23)

2. Freedom to provide services – Restrictions – Tax on outdoor advertising and bill-posting levied by a local authority – Permissible – Conditions

(Art. 49 CE)

Summary

1. If the Court is to be able to give helpful answers to the questions referred to it, it is necessary for the national court to define the factual and legislative context of the questions it asks or, at the very least, to explain the factual circumstances on which those questions are based.

That need for precision with regard to the factual and legislative context applies especially in the area of competition, which is characterised by complex factual and legal situations.

With regard to the factual context relating to the questions concerning the interpretation of Articles 82 EC and 86 EC, the determination of the materially and geographically relevant market, and the calculation of the market shares held by the various undertakings operating on that market, constitute the starting-point of any appraisal of a situation in the light of competition law.

(see paras 22-23, 25, 27)

2. Article 49 EC must be interpreted as not precluding the levying by a municipal authority of a tax on outdoor advertising and bill-posting which, first, because it is applicable without distinction to any provision of services entailing outdoor advertising and public bill-posting, does not draw any distinction based on the place of establishment of the provider or recipient of the bill-posting services or on the place of origin of the goods or services that form the subject-matter of the advertising messages disseminated and which, second, because it is applied only to outdoor advertising activities involving the use of public space administered by the local authorities and its amount is fixed at a level which may be considered modest in relation to the value of the services provided which are subject to it, is not on any view liable to prohibit, impede or otherwise make less attractive the provision of advertising services to be carried out in the territory of those authorities, including the case in which the provision of services is of a cross-border nature on account of the place of establishment of either the provider or the recipient of the services.

(see paras 37-39, operative part)