9
GROPPERA RADIO AG AND OTHERS v. SWITZERLAND JUDGMENT
C. The proceedings in Italy
26.
From 13 November 1979 onwards Radio 24 (Sound Radio’s
predecessor) broadcast to Switzerland from the Pizzo Groppera (see
paragraph 12 above). On several occasions it changed its frequency in order
to prevent interference with other radio stations.
On 21 December 1979, following complaints from the German and
Swiss telecommunications authorities, the Italian Ministry of Post and
Telecommunications prohibited Belton s.r.l. (the manager of the station see paragraph 12 above) from continuing its operations and threatened to
put its transmitter out of action. The transmitter closed down on 22 January
1980, was functioning again three days later and then ceased broadcasting
on 29 January.
27.
Belton s.r.l. brought proceedings in the Lombardy Regional
Administrative Court, which on 11 March 1980 refused an application for a
provisional broadcasting licence.
28. On 19 March 1980 the Chiavenna magistrate declared that the
closing down of the transmitter was unlawful, and broadcasting resumed on
23 March.
29. On 3 October 1980 the PTT again demanded that the broadcasts
should cease. On 11 October a second application (no. 2442/82) was made
to the Lombardy Regional Administrative Court, but on 18 November that
court refused a stay of execution. On 25 November the Pizzo Groppera
transmitter closed down for the third time.
On 13 January 1981 the Consiglio di Stato granted an application for a
stay of execution pending the proceedings in the Administrative Court, and
Radio 24 began broadcasting again on 16 January.
30. In a judgment (no. 1515/81) of 1 October, which was filed at the
registry on 4 December 1981, the Administrative Court held that Radio 24
was carrying on its activities in Italy unlawfully. The Pizzo Groppera station
could not be considered as a local radio station under Italian law, since it
had a broadcasting radius of more than 20 km and broadcast only to
listeners living across the border. The court added that under Law no. 103 of
14 April 1975 ("new provisions concerning radio and television
broadcasting"), the State had a monopoly of radio broadcasts intended for
foreign countries. Lastly, the court upheld the closure order, which was
executed on 21 January 1982.
31. On 4 May 1982, following an appeal by Belton s.r.l., the Consiglio
di Stato adopted three decisions, the first of which was filed at the registry
the next day and the other two on 26 October:
(i) an order (no. 124/82) staying execution of the judgment of 1 October
1981, so that Radio 24 was able to resume broadcasting on 9 May;
(ii) a judgment (no. 508/82) allowing the appeal in part and reserving a
decision as to the rest; and