The applicant, Europa Way S.r.l., is a television broadcasting company operating in Italy, The case arose from the suspension and subsequent legislative annulment of an ongoing competitive procedure (beauty contest) for the allocation of digital terrestrial television broadcasting frequencies. 

Europa Way had applied for one of the frequencies reserved for new entrants and small operators and was the only bidder for one of the available frequencies. Before the regulatory authority could complete the procedure, the Government suspended the process and the Parliament annulled it, replacing it with a fee-based auction system. 

The applicant argued that this legislative intervention  interfered unlawfully with the independent regulatory authority and undermined its ability to access broadcasting frequencies, thereby violating its freedom to impart information under Art. 10 of the Convention. 

Background: Digital Switchover and Regulatory Framework
Italy's transition from analogue to digital television broadcasting was accompanied by the allocation of new digital frequencies by the national regulatory authority (AGCOM). In accordance with EU legislation, national regulatory authorities are required to act independently and allocate frequencies based on objective, transparent and non-discriminatory criteria. 

AGCOM adopted a “beauty contest” model, under which frequencies would be allocated free of charge on the basis of qualitative criteria, and certain frequencies would be reserved for new market entrants. This model was designed to promote competition and media pluralism. 

Suspension and Annulment of the Bidding Procedure
During the bidding process,  several members of the Parliament objected to the free allocation  of valuable broadcasting frequencies.

Consequently, the ministry suspended the bidding process by decree, and Parliament annulled the entire procedure by legislative act and replaced it with a fee-based  auction system, while the regulatory authority was compelled  to reorganise the process in line with new political and budgetary priorities.

Although participants in the annulled procedure were subsequently offered limited financial compensation, the applicant company missed the opportunity to obtain broadcasting rights under the original regulatory framework.  

Domestic Proceedings
Europa Way appealed against the suspension and cancellation in the Italian administrative courts.

The case reached the “Consiglio di Stato” (, which referred questions to the Court of Justice of the European Union (CJEU). The CJEU ruled that national regulatory authorities must be protected from political interference and that legislative repeal of the current regulatory procedure undermines their independence. Following this ruling, the Consiglio di Stato acknowledged that parliament had unlawfully interfered with AGCOM's independent regulatory functions.

Notwithstanding this conclusion, however, the regulatory authority later confirmed the replacement of the original procedure with a fee-based auction system. As a result, the applicant did not receive the frequencies.  

Proceedings before the European Court of Human Rights
Europa Way  claimed before the  Court that state interference in the regulatory process undermined the independence of the media regulatory authority. The legal framework governing access to broadcasting frequencies was not sufficiently predictable and did not provide legal certainty. The abolition of the tender procedure limited the company's practical ability to participate in the broadcasting market and thus violated its freedom to disseminate information under Article 10.

The Government contested the claim that the suspension and subsequent annulment of the original bidding process had constituted an interference with the applicant company’s right to freedom of expression under Article 10 § 1 of the Convention. They argued that participation in the original bidding process did not guarantee any allocation of frequencies.

The Court acknowledged that access to broadcasting frequencies is closely linked to the exercise of freedom of expression and that the regulatory framework governing access to the media must meet high standards of legality, predictability, and protection against arbitrariness.

The Court emphasised the central role of independent regulatory bodies in ensuring media pluralism. Political or legislative interference in the activities of such bodies undermines democratic guarantees, and repeated changes to the legal framework deprived the applicant of a stable and predictable regulatory environment.  

Conclusion 
The European Court of Human Rights concluded that there had been an interference with the applicant company's freedom of expression under Article 10 of the Convention. The Court found that this interference was not “prescribed by law” within the meaning of the Convention, as the regulatory framework governing the allocation of broadcasting frequencies was not predictable and did not provide sufficient safeguards against arbitrary political interference. In particular, the legislative abolition of the tender procedure and the undermining of the independence of the regulatory authority did not meet the requirement of “quality of law.” As a result, the Court concluded that Italy had violated Article 10 of the European Convention on Human Rights.