Carry' s article Marco Travaglio Yesterday:
" Today the Council of State, after nine years of legal battles in Italy and Europe, the state must decide to what Europa7 compensate for the non-allocation of frequencies and, if finally agreed to forward on a national scale. In the case of the government is represented Avvocatura State. Which surprisingly was appointed by the Minister of Communications, Paolo Gentiloni to reject the claims of the publisher Francesco Di Stefano and defend the status quo: that is, the Gasparri law and the right to Rete4 to occupy the frequencies without a license (lost by Mediaset and won by Europa7 in 1999). A quite remarkable fact: the Union had promised to repeal Gasparri and the January 31 the European Court of Justice has upheld the rights of Europa7 against those of Rete 4. But not enough. To defend Rete4, the State Attorney representing the Government copy Prodi, in his memory, full pages from that of lawyers Mediaset. Not to mention their case in quotation marks. But to make them his own, not even specify where they are drawn. The group Berlusconi is not officially a party: Europa7 for the non-allocation of frequencies, sued the State through the Ministry of Communications Supervisor Communications Authority. But Mediaset has also intervened with a statement, knowing that if they had been assigned the frequencies to Europa 7, would be to lose Rete 4. And the state attorney Maurizio Di Carlo, who does? The copy-paste memory Mediaset, without even attempting to disguise this real privatization of the institutions at the service of Alfa. All this even before Berlusconi returns to the government for the third time. Read and compare the memory of the State Advocacy (55 pages) and Mediaset (78), published in full on www.voglioscendere.it . It 's a tragicomic games: "Find the differences". The most obvious is that the State defends Rete4 with even more passion to Mediaset. For the rest, many pages verbatim from the documents of the transplanted Berlusconi. A few examples. Page 9 Advocacy: ten lines (da7 to 17) copied from page 49 of Mediaset memory (lines 1-15). Pages 5 (line 20) and 6 (up to line 18) are identical to the Advocacy page 60 (line 3), 61 (all) and 62 (up to line 11) of Mediaset. The page 17 (line 7) and 18 (up to line 13) are equal to the Advocacy page 60 (line 3), 61 (all) and 62 (up to line 22) of Mediaset. The page 53 (lines 4-23) is brainwashed by the Advocacy page 39 (line 9) and 40 (up to line 5) and Mediaset. On page 35 (lines 27-31) Advocacy, p.47's own words (lines 17-22) of Mediaset. And so on. Once there is no "then." Another is "In this context" instead of "In the first place." Everything else, including the punctuation wrong (lots of commas between the subject and the verb), is identical. Ditto for conclusions, sometimes with comic results. For the State Attorney, if Europa7 did not have the frequencies, it is his fault: he had "also acquire its own initiative" (and where and how? At gunpoint?), As the State "did not have ' Current availability of the object "(of course: it has allowed the black and retained Telepiù Rete4, now deprived of the concession). And anyway - adds Di Carlo - set aside the Maccanico and Gasparri Rete4 off the land would not lead to automatic transfer of the frequencies to Europa 7 (and to whom, pray?). In short, the state ignores the recent ruling by the European Court in Luxembourg, requested by the Council of State, according to which Community rules "preclude a national application of which means that an operator of a concession holder is unable to forward in the absence of frequencies allocated on the basis of objective, transparent, non discriminatory and proportionate. " So long as the "transitional regime for existing networks to the detriment of Europa7 provided by Maccanico, from Save-Rete 4, and the Gasparri bill Gentiloni (never became law). All laws should be waived. They are not "the freedom to provide services" protected by EU rules - the European Court writes - "requires not only the granting of permission to broadcast, but also the allocation of frequencies," if not "an operator shall not exercise the rights conferred by Community law for access to the television market. " Judgement in hand, lawyers who follow Grandinetti and Peace Europa7 asking the Council to state the frequency and damage. The "actual damages", that the money spent so far gl'investimenti required by law to whoever wins a concession (Over 120 million euro). And the "profits", ie the lost profits of television ever created (more than 2 billion euro). Unless the Council condemns the state to finally assign the frequencies. Otherwise Europa7 die forever and Di Stefano would be entitled to value the entire company. The Government of the Union, through the Attorney General, speaks in playback: lyrics and music by Mediaset. No compensation. Nothing frequencies. Viva la Gasparri. Rete4 indefinitely. As usual, as always. Mr Berlusconi could not have done better . "
C 'is nothing more to add? Do not think so ...
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