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C 275/6 EN Official Journal of the European Communities 3.9.

98

ADVISORY OPINION OF THE COURT


of 12 June 1998
in Case E-8/97 (Request for an advisory opinion from Oslo byrett): TV 1000 Sverige AB v. The
Norwegian Government, represented by the Royal Ministry of Cultural Affairs (Î)
(Council Directive 89/552/EEC — Transfrontier television broadcasting — Pornography)
(Pursuant to Article 27(5) of the Rules of Procedure, only the English and Norwegian texts are
authentic)

(98/C 275/06)

In Case E-8/97, request to the Court pursuant to Article The exception in the second sentence of Article 22, first
34 of the Agreement between the EFTA States on the paragraph does not extend to programmes ‘which might
establishment of a Surveillance Authority and a Court of seriously impair the physical, mental or moral devel-
Justice by Oslo byrett (Oslo City Court), Norway, for opment of minors’ dealt with in the first sentence of
an advisory opinion in the case pending before it Article 22, first paragraph.
between TV 1000 Sverige AB and the Norwegian
Goverment, represented by the Royal Ministry of
Cultural Affairs, on the interpretation of Council All the conditions listed in Article 2(2)(a) to (d) of the
Directive 89/552/EEC, the Court, composed of Bjørn Directive must be fulfilled in order for the receiving
Haug, President, Thör Vilhj`lmsson (Judge-Rapporteur) State to restrict retransmission, regard being had to the
and Carl Baudenbacher, Judges; and Asle Aarbakke, principle of proportionality and the decision being
Registrar/Legal Secretary, gave an Advisory Opinion on subject to supervision by the Commission and the EFTA
12 June 1998, the operative part of which is as follows: Surveillance Authority, as the case may be.

Under Article 2(2) of Council Directive 89/552/EEC, it The criteria in Article 2(2)(a) and (b) are separate
is for the national authorities of the receiving State to criteria, with (a) regulating the gravity of the
determine, in accordance with that State’s values and infringement and (b) providing that the right to
national legislation, which programmes might seriously provisional suspension of retransmission arises when
impair the physical, mental or moral development of material infringing Article 22, as laid down in Article
minors within the meaning of Article 22, first paragraph, 2(2)(a), has been broadcast on three occasions within a
first sentence of the Directive. period of 12 months.

(Î)ÙOJ C 20, 22.1.1998, p. 18.