Europa Way S.r.l. v. Italy, No. 64356/19, ECtHR (First Section), 27 November 2025

Competitive pluralism in the media sector. The principles of freedom of expression and freedom of enterprise in the allocation of a tender procedure. State interference and responsibility in preventing arbitrary allocation.

Art. 10 ECHR

108. The Court considers that, in the present case, the State’s negative obligation to refrain from interference is linked to the question of whether it fulfilled its positive obligation to establish an appropriate legal and administrative framework ensuring media pluralism.

128. In light of the above considerations, the Court concludes that the legislative and administrative framework governing the allocation of digital terrestrial frequencies was not foreseeable and did not provide adequate safeguards against arbitrariness, as required by the rule of law in a democratic society.

129. Consequently, the interference with the applicant company’s freedom of expression did not meet the requirement of lawfulness under the Convention, as it was neither in conformity with the relevant domestic law nor with the “quality of law” requirement set out in Article 10 of the Convention.