… Next, in the referring court’s view, the exclusion provided for by the national legislation is questionable in the light of the principle of equal treatment, enshrined in
Article
20 of the
Charter
of Fundamental Rights of the European Union (‘the
Charter
’). …
… and Institut national de la statistique et des études économiques, C-673/20, EU:C:2022:449, paragraph 40 and the case-law cited).
17 Secondly, under the second paragraph of
Article
252 TFEU, the Advocate General, acting with complete
impartiality
and
independence
, is to make, in open court, reasoned submissions on cases which, in accordance with the Statute of the Court of Justice of the European Union, require his or her involvement. …
… Lastly, the referring court states that that exclusion is likely to restrict the freedom to broadcast, provided for in
Article
11 of the
Charter
.
13 In those circumstances the Landgericht Erfurt (Regional Court, Erfurt, Germany) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:
‘(1) Must Directive 2001/29/EC be interpreted as meaning that broadcasting organisations are entitled, directly and originally, to the right to the fair …