29 GROPPERA RADIO AG AND OTHERS v. SWITZERLAND JUDGMENT DISSENTING OPINION OF JUDGE PETTITI the Paris Court of Appeal referring to the Mines de Potasse judgment of the Court of Justice of the European Communities); (c) the transmission across a frontier of a lawful broadcast whose reception is unlawful under the local law of the place of destination; (d) the same situation, but with reception being lawful. In the case of Groppera Radio AG the whole broadcast was made and recorded in Italy. The Swiss Government did not rely on the concept of damage in order to claim justification for their interference with the broadcasting. We come back to the question: how should the Groppera broadcasts have been made up in order to escape the Swiss ban? Because of incomplete and uncertain data available to the Commission, the majority of the Court has wrongly taken the view that Belton s.r.l. was a Swiss company; but Belton is definitely a company incorporated under Italian law, in accordance with domestic law and with private international law. It follows that the broadcasts for which the Belton company was responsible during its period of management were a matter for Italian law and that it was from that legal angle that the issues of international telecommunications law had to be considered. The proceedings which were brought in Italy by Belton s.r.l. to challenge the order of 3 October 1980 and were directed in particular against the Constitutional Court's decision of 28 July 1976 (no. 202) concerning Article 195 of the presidential decree of 29 May 1973 led to the decisions of 4 December 1981 by the Lombardy Administrative Court and of 4 May 1982 by the Consiglio di Stato, which referred the case to the Constitutional Court. In its decision of 6 May 1987 (no. 153) the Constitutional Court held that section 2 of the Law of 14 April 1979 on the broadcasting of programmes abroad was unconstitutional in that the Law made no provision for the possibility of such programmes being broadcast under a licensing system such as the one in Article 1 of the presidential decree of 29 March 1973. Thus, as matters stood, there had been no final Italian decisions to the effect that the broadcasts from the Pizzo Groppera were unlawful when the Swiss authorities made their order concerning reception and broadcasting by cable. In its decision of 4 May 1982 the Consiglio di Stato noted in one of its reasons that the measures challenged in the proceedings could not be interpreted as a general ban on broadcasts abroad where these were not pirate broadcasts (document Cour (89) 244-II, pp. 237-238). It was pointed out in the Italian proceedings that the Pizzo Groppera station had adopted the frequencies 104 and 107.3 instead of the earlier one 456.825 in order to avoid objectionable interference. The whole thrust of the Swiss Government's argument was that the ban was lawful because the broadcasting was unlawful under the rules of the International Telecommunication Union. They therefore based their stance