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In 2001, a group of cable operators (UPC, Coditel Brabant SPRL, Brutele and Wolu TV ASBL) brought proceedings before the Belgian Conseil d’Etat (Council of State) challenging the obligation imposed on them by Belgian legislation to broadcast, in the bilingual region of Brussels-Capital, television programmes transmitted by certain private broadcasters designated by the State authorities. The cable operators contested their must-carry obligations on the basis of Articles 49 EC and 86 EC (the latter being read in conjunction with Article 82 EC). They argued that the private broadcasters benefiting...

On 1 January 2008, a film support agreement entered into force between the Amsterdam based Dutch Film Fund (Nederlands Fonds voor de Film), which is under the patronage of the Dutch Ministry of Culture, and the Brussels based Flemish Audiovisual Fund (Vlaams Audiovisueel Fonds - VAF) set up by the Government of the Flemish Community. The agreement applies until 31 December 2008, after which the term is automatically extended for one year unless and until either of the contracting parties terminates the co-operation by informing the other party by the end of November at the latest. Article 5.9...

Following the Federal State Act (Act of 27 December 2006, published in the Moniteur Belge of 28 December 2006), the Flemish-speaking Community Decree (Decree of 4 May 2007, published in the Moniteur Belge of 2 July 2007) and the German-speaking Community Decree (Decree of 25 June 2007, published in the Moniteur Belge of 6 August 2007), the French-speaking Community has now adopted its Decree of 2 July 2007, published in the Moniteur Belge on 19 September 2007, assenting to the agreement on cooperation in electronic communications concluded on 17 November 2006. The agreement could therefore enter...

On 17 July 2007 the Parliament of the French-speaking Community adopted two decrees amending, in the first instance, the Decree of 27 February 2003 on broadcasting and, in the second instance, the Decree of 14 July 1997 on the statute of the public-sector broadcasting company (RTBF). In both cases the amendments concern advertising. The purpose of the first Decree is to adapt the 2003 Decree (which forms the foundation for broadcasting in the French-speaking Community) to the new realities of the advertising market. The draft of the Decree was tabled by the Government; it is based on the European...

On 16 July 2007, the European Commission decided to approve the prolongation of Belgium’s tax incentive scheme for audiovisual productions (known as the ‘tax shelter’) until 31 December 2009. The Commission’s previous authorisation was due to expire on 30 June 2007. Before this decision, the Commission had already reviewed the Belgian tax shelter twice. In 2003, it declared this scheme compatible with Article 87(3)d of the EC Treaty until 31 December 2004. On 30 June 2004, this authorisation was extended for a further three years. Introduced in 2002, the tax shelter aims at supporting audiovisual...