Request for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal) lodged on 5 July 2021 — Instituto do Cinema e do Audiovisual, I.P. v NOWO Communications, S.A.

(Case C-411/21)

(2021/C 452/03)

Language of the case: Portuguese

Referring court

Supremo Tribunal Administrativo

Parties to the main proceedings

Appellant: Instituto do Cinema e do Audiovisual, I.P.

Respondent: NOWO Communications, S.A.

Questions referred

Is Article 10(2) of Lei n.o 55/2012, de 6 de setembro (Law No 55/2012 of 6 September 2012), if interpreted as meaning that the fee for which it provides is to be used exclusively to finance the promotion and dissemination of Portuguese film and audiovisual works, liable to give rise to indirect discrimination against the provision of services between Member States as compared with the corresponding national provision of services, inasmuch as it makes the provision of services between Member States more difficult than the purely domestic provision of services within a Member State, thus infringing Article 56 TFEU?

2.	Might the answer to be given to the first question referred be altered by the fact that other Member States of the European Union operate schemes which are identical or similar to that provided for in Law No 55/2012?