The Luxembourg-based Court of Justice of the EC ruled on 5 March 2009, in the case C-222/07 UTECA v. Administración General del Estado, that a EU Member State can require television operators to earmark part of their operating revenue for the funding of European cinematographic and TV films.
National legislation may also provide for a specific rate of funding for works whose original language is one of the official languages of that Member State.
The Spanish legislation transposing the Television Broadcasting Directive1 requires television operators to earmark 5% of their operating revenue for the previous year for the funding of full-length and short cinematographic films and European films made for television. 60% of that funding must be reserved for the production of films of which the original language is one of the official languages of Spain.
The Unión de Television Comerciales Asociadas (UTECA) brought an action before the Tribunal Supremo seeking to have that national legislation declared inapplicable on the ground that it infringes Community law.
Only the original language version is authentic and it prevails in the event of its differing from the translated versions.