Opinion of Advocate General Tesauro delivered on 24 November 1992

1 Original language: Italian.

2 Decree on the transmission of radio and television programmes on radio and cable television networks and on the approval of non-public television broadcasting companies (Moniteur Belge, 19 March 1987, p. 4196).

3 Order on the proportion of own cultural productions in the programmes of non-public television broadcasting companies (Moniteur Belge, 1 June 1938, p. 7496).

4 Case 352/85 Bond van Adverteerders v Netherlands [1988] ECR 2085, paragraphs 14-16; see also the judgments in Case 288/89 Collectieve Antennevoorziening Gouda [1991] ECR I-4007 and Case 353/89 Commission v Netherlands [1991] ECR I-4069.

5 Flemish broadcasters are permitted to broadcast, on the national territory, programmes produced in a language other than French or Dutch.

6 In Case 33/74 Van Binsbergen [1974] ECR 1299, paragraph 13. See also the judgments in Case 205/84 Commission v Germany [1986] ECR 3755, paragraph 22, and Case 130/88 Van de Bijl [1989] ECR 3039, paragraph 26.

7 Judgment in Case 352/85 Bond van Adverteerders, cited above, paragraph 32.

8 The Court has stated on several occasions that the provision of Article 56 entailing a derogation from a fundamental prin-ciplc_ oí the Treaty (Article 3(c)) must be interpreted in a restrictive manner, for which reason its application requires there to be a genuine and sufficiently serious threat affecting one of the fundamental interests of society (Judgment in Case 30/77 Regina v Boucherean [1977] ECR 1999, paragraph 35) andatile adoption of measures that are proportionate to and strictly necessary in relation to the interests they arc intended to safeguard (sec the judgment in Joined Cases 115 and 116/81 Adoni and Cornnaille v Belgium [1982] ECR 1665, paragraph 9).