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Case C-492/17: Judgment of the Court (Fourth Chamber) of 13 December 2018 (request for a preliminary ruling from the Landgericht Tübingen — Germany) — Südwestrundfunk v Tilo Rittinger, Patrick Wolter, Harald Zastera, Dagmar Fahner, Layla Sofan, Marc Schulte (Reference for a preliminary ruling — State aid — Article 107(1) TFEU — Article 108(3) TFEU — Public broadcasting institutions — Financing — Legislation of a Member State under which all adults possessing a dwelling within the country are required to pay a contribution to public broadcasters)
ECLI:EU:UNKNOWN:62017CA0492
62017CA0492
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Official Journal of the European Union
C 65/13
(Case C-492/17) (1)
((Reference for a preliminary ruling - State aid - Article 107(1) TFEU - Article 108(3) TFEU - Public broadcasting institutions - Financing - Legislation of a Member State under which all adults possessing a dwelling within the country are required to pay a contribution to public broadcasters))
(2019/C 65/15)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Südwestrundfunk
Defendants: Tilo Rittinger, Patrick Wolter, Harald Zastera, Dagmar Fahner, Layla Sofan, Marc Schulte
Operative part of the judgment
1.Article 1(c) of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article [108 TFEU] must be interpreted as meaning that an alteration to the system of financing the public broadcasting of a Member State which, like that at issue in the main proceedings, consists in replacing a broadcasting fee payable on the basis of possession of a receiving device by a broadcasting contribution payable in particular on the basis of occupation of a dwelling or business premises does not constitute an alteration to existing aid within the meaning of that provision which should be notified to the Commission under Article 108(3) TFEU.
2.Articles 107 and 108 TFEU must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which confers on public broadcasters powers, as exceptions to the general law, allowing those broadcasters themselves to enforce claims in respect of unpaid broadcasting contributions.
(1) OJ C 402, 27.11.2017.