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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)
ECLI:EU:UNKNOWN:62015CA0656
62015CA0656
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8.1.2018
Official Journal of the European Union
C 5/4
(Case C-656/15 P) (<a id="ntc1-C_2018005EN.01000401-E0001" href="#ntr1-C_2018005EN.01000401-E0001"> (<span class="super note-tag">1</span>)</a>
((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.
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(<a id="ntr1-C_2018005EN.01000401-E0001" href="#ntc1-C_2018005EN.01000401-E0001">(<span class="super">1</span>)</a> OJ C 48, 8.2.2016).