Reference for a preliminary ruling from the Collège d’autorisation et de contrôle du Conseil supérieur de l'audiovisuel (Belgium) lodged on 11 December 2009 — RTL Belgium SA (formerly TVI SA) v Conseil supérieur de l’audiovisuel

(Case C-517/09)

2010/C 51/30

Language of the case: French

Referring court

Collège d’autorisation et de contrôle du Conseil supérieur de l'audiovisuel

Parties to the main proceedings

Applicant: RTL Belgium SA (formerly TVI SA)

Defendant: Conseil supérieur de l’audiovisuel

Question referred

Can the notion of ‘effective control both over the selection of the programmes and over their organisation’ in Article 1(c) of the 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 (1) [as amended by Directive 2007/65/EC] (the Audiovisual Media Services Directive) be interpreted as meaning that a company established in a Member State and licensed by the government of that Member State to provide an audiovisual media service does in fact exercise such control, even though it delegates, with an option to further delegate, to a third company established in another Member State, against payment of an indeterminate sum equal to the total advertising revenue generated by the broadcasting of that service, the actual production of all the programmes specific to that service, the communication to the public of programme scheduling information and the provision of financial and legal services, human resources, the management of infrastructure and other personnel-related services, and even though it is apparent that it is at the head offices of that third company that decisions are taken and implemented concerning the putting together of programmes and any deletions from or changes to the programming schedule in response to current events?

(1)  Council Directive 89/552/EEC 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 (OJ 1989 L 298 p. 23)