A Dublin MEP, Ms Mary Banotti, has asked the EU Commission to explain how music quotas on local radio infringe EU law.
The question, sent to the Commission yesterday, arises from a decision of the Internal Commissioner, Mr Mario Monti to consider taking Ireland to the European, of Justice in Luxembourg what he regards as an unfair restraint on trade in breach single market obligations.
The case arose when the current Radio and Television Commission interpreted the requirement on local to support Irish culture by way of an "appropriate level" of Irish composed or performed music with a quota of 30 per cent.
That was challenged by the Association of Independent Radio Stations (AIRS) which took its case to Brussels, but has since withdrawn its complaint. Mr Monti is entitled to pursue the case independently.
He is keen to take a test case because other countries also have quotas.
Ms Banotti is expecting a reply within a few days.