Article 15(6) Audiovisual Media Services Directive provides that holders of exclusive broadcasting rights may only charge broadcasters for the additional costs directly incurred in providing access to the signal for short news reports of events of high interest to the public.

The Court held that the limitation imposed by Article 15(6) on the charges that Sky Austria can obtain from ORF for access to the signal is legal and does not breach Sky's fundamental rights (in particular the right to property and the freedom to conduct a business).

The decision clarifies the position under Article 15(6) AVMS and underlines the importance of fair and non-discriminatory news access for all EU broadcasters. However, some questions remain:

• It is unclear how the judgment impacts Article 15(4) AVMS, which provides that Member States may establish an alternative system for news access, e.g. access to the venue of the event (rather than access to the signal).
   
• Article 15(2) AVMS provides that news access can only be requested in foreign countries when it cannot be obtained domestically; Recital 56 AVMS provides that broadcasters may agree more detailed arrangements between themselves. It is therefore unclear what impact this judgment has on arrangements made between national broadcasters, eg, "news access codes".
   
• How does the decision affect the copyright aspects of news access, given that the 2001 Copyright Directive leaves the question of compensation for news reporting to Member States? Unlike the AG's Opinion, the Court ignored the copyright issue. More case law may be needed to get the full picture.