CELEX: 62015CA0656
Language: en
Date: 2017-11-09 00:00:00
Title: Case C-656/15 P: Judgment of the Court (First Chamber) of 9 November 2017 — European Commission v TV2/Danmark A/S, Kingdom of Denmark, Viasat Broadcasting UK Ltd (Appeal — State aid — Article 107(1) TFEU — Public broadcasting service — Measures implemented by the Danish authorities in favour of the Danish broadcaster TV2/Danmark — Concept of ‘aid granted by a Member State or through State resources’s)

8.1.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 5/4
            
         Judgment of the Court (First Chamber) of 9 November 2017 — European Commission v TV2/Danmark A/S, Kingdom of Denmark, Viasat Broadcasting UK Ltd
   (Case C-656/15 P) (1)
   
   ((Appeal - State aid - Article 107(1) TFEU - Public broadcasting service - Measures implemented by the Danish authorities in favour of the Danish broadcaster TV2/Danmark - Concept of ‘aid granted by a Member State or through State resources’s))
   (2018/C 005/05)
   Language of the case: Danish
   
      Parties
   
   
      Appellant: European Commission (represented by: B. Stromsky, T. Maxian Rusche and L. Grønfeldt, acting as Agents)
   
      Other parties to the proceedings: TV2/Danmark A/S (represented by: O. Koktvedgaard, advokat), Kingdom of Denmark (represented by: C. Thorning, acting as Agent, and by R. Holdgaard, advokat), Viasat Broadcasting UK Ltd (represented by: M. Honoré and S. Kalsmose-Hjelmborg, advokater)
   
      Intervener in support of the applicant: EFTA Surveillance Authority (represented by: C. Zatschler, M. Schneider, Í. Isberg and C. Perrin, acting as Agents)
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Sets aside the judgment of the General Court of the European Union of 24 September 2015, TV2/Danmark v Commission (T-674/11, EU:T:2015:684), to the extent that it annulled Commission Decision 2011/839/EU of 20 April 2011 on the measures implemented by Denmark (C 2/03) for TV2/Danmark in that the European Commission held that the advertising revenue for the years 1995 and 1996 paid to TV2/Danmark through the TV2 Fund constituted State aid;
            
         
               2.
            
            
               Dismisses the action brought by TV2/Danmark A/S seeking the annulment of Decision 2011/839;
            
         
               3.
            
            
               Orders TV2/Danmark A/S to bear its own costs and to pay all the costs incurred by the European Commission and Viasat Broadcasting UK Ltd both at first instance and in relation to this appeal;
            
         
               4.
            
            
               Orders the Kingdom of Denmark and the EFTA Surveillance Authority to bear their own costs.
            
         
      (1)  OJ C 48, 8.2.2016.