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ECJ – Judgment on Canal Satélite Digital – European Court of Justice, 22 January 2002, Case C-390/99, Canal Satélite Digital SL v. Administracíon General del Estado

ECJ – Judgment on Canal Satélite Digital – European Court of Justice, 22 January 2002, Case... Legal Issues of Economic Integration 29(2): 267­277, 2003. © 2003 Kluwer Canal Satélite Digital SL in the Netherlands. General del Estado Law International. Printed v. Administracíon ECJ ­ Judgment on Canal Satélite Digital European Court of Justice, 22 January 2002, Case C-390/99, By * 1. Introduction `All quiet at the Western Front?' one could ask with Remarque when looking for the first time at the judgment of the Court of Justice (the Court) in the free movement of goods and services case Canal Satélite.1 However, this decision is worth a second look. This article essentially concerns two of its interesting aspects and will put them into the context of the existing case law and academic opinions. Firstly, the unusual approach of the Court in assessing the national measures in question simultaneously under Art. 28 EC and 49 EC will be examined. The judgment reveals the considerable convergence between both freedoms and can, in a wider context, also serve as an example for the general tendency towards convergence with regard to all freedoms. Secondly, closer attention should be paid to the context-specific proportionality test in which the Court summarizes and develops the criteria for the compatibility of Member State's http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Legal Issues of Economic Integration Kluwer Law International

ECJ – Judgment on Canal Satélite Digital – European Court of Justice, 22 January 2002, Case C-390/99, Canal Satélite Digital SL v. Administracíon General del Estado

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Legal Issues of Economic Integration , Volume 30 (3) – Jan 2, 2003
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Kluwer Law International
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Copyright © Kluwer Law International
ISSN
0377-0915
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Abstract

Legal Issues of Economic Integration 29(2): 267­277, 2003. © 2003 Kluwer Canal Satélite Digital SL in the Netherlands. General del Estado Law International. Printed v. Administracíon ECJ ­ Judgment on Canal Satélite Digital European Court of Justice, 22 January 2002, Case C-390/99, By * 1. Introduction `All quiet at the Western Front?' one could ask with Remarque when looking for the first time at the judgment of the Court of Justice (the Court) in the free movement of goods and services case Canal Satélite.1 However, this decision is worth a second look. This article essentially concerns two of its interesting aspects and will put them into the context of the existing case law and academic opinions. Firstly, the unusual approach of the Court in assessing the national measures in question simultaneously under Art. 28 EC and 49 EC will be examined. The judgment reveals the considerable convergence between both freedoms and can, in a wider context, also serve as an example for the general tendency towards convergence with regard to all freedoms. Secondly, closer attention should be paid to the context-specific proportionality test in which the Court summarizes and develops the criteria for the compatibility of Member State's

Journal

Legal Issues of Economic Integration – Kluwer Law International

Published: Jan 2, 2003

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