12.8.2019

Official Journal of the European Union

C 270/24

(Case C-445/19)

(2019/C 270/28)

Language of the case: Danish

Referring court

Parties to the main proceedings

Applicant: Viasat Broadcasting UK Ltd

Defendants: TV 2/Danmark A/S, Kingdom of Denmark

Questions referred

1.Does the obligation for a national court to order an aid recipient to pay illegality interest (see the judgment in CELF (1)) apply also in a situation such as that in the present case, in which the unlawful State aid constituted public service compensation which was subsequently found to be compatible with the internal market under Article 106(2) TFEU and in which approval was granted on the basis of an assessment of the entire public service undertaking’s overall financial situation, including its capitalisation?

2.Does the obligation for a national court to order an aid recipient to pay illegality interest (see the judgment in CELF) apply also in respect of amounts which, in circumstances such as those of the present case, are transferred from the aid recipient to affiliated undertakings pursuant to a public-law obligation but which are categorised by a final Commission decision as constituting an advantage for the aid recipient within the meaning of Article 107(1) TFEU?

3.Does the obligation for a national court to order an aid recipient to pay illegality interest (see the judgment in CELF) apply also in respect of State aid which the aid recipient, in circumstances such as those of the present case, received from a publicly-controlled undertaking, given that the latter’s resources are derived partly from sales of the aid recipient’s services?

(1) Judgment of 12 February 2008 (Case C-199/06, CELF and Ministre de la Culture et de la Communication, EU:C:2008:79).