| By Emmanuel LANGLOIS, the | |
The Court of Justice of the European Union (EU) has ruled that the audio-visual tax, which is collected from pay-TV operators in Portugal, does not conflict with EU law.
In its ruling, the Court of Justice decided that the Treaty on the Work of the European Union (TFEU) Do not oppose national legislation that imposes fees aimed at financing the promotion and distribution of cinematographic and audiovisual works .
She also held it It cannot be concluded that the allocation of revenue from subscription fees has the effect of favoring Portuguese film and audiovisual production services over those provided by service providers established in other Member States. .
The dispute between the National Film Institute (ICA) of Portugal and the operator right Now Regarding the annual fee payment dating back to 2013, when the former Kapovizo Refusal to pay the contribution.
According to the original text of the law, licensing fees apply to pay-TV operators such as ourAnd the miuAnd the Vodafone And the right Now It includes an annual fee of €2 per subscriber, which contributes to the financing of film and television productions in Portugal.
The annual amount of this tax is calculated according to the number of subscriptions in the previous year, and it can be increased up to a maximum of €5 per subscriber.
According to the ICA website, this tax is now 3.50 euros per year and per subscriber.
