Official Journal of the European Union

C 59/9

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(Case C-660/15 P)

(2016/C 059/09)

Language of the case: English

Parties

Appellant: Viasat Broadcasting UK Ltd (represented by: M. Honoré and S. Kalsmose-Hjelmborg, advokater)

Other parties to the proceedings: European Commission, Kingdom of Denmark, TV2/Danmark A/S

Form of order sought

The appellant claims that the Court should:

—set aside the judgment in Case T-125/12, Viasat Broadcasting UK Ltd v Commission, and

—annul Commission Decision 2011/839/EU (1) of 20 April 2011 on measures adopted by the Danish state in favour of TV2/Danmark (EUT 2011 L 340, s. 1), and

—order the defendant at first instance to pay the costs of Viasat both incurred in the first instance and before your Court

alternatively,

—set aside the judgment under appeal, and

—refer the case back to the General Court, and

—reserve the costs of the proceedings at first instance and on.

Pleas in law and main arguments

In support of the form of order sought, Viasat contends that the General Court erred in law when stating that in its assessment under Article 106(2) TFEU the Commission was not required to take account of the fact that aid to TV2 had been granted without observing fundamental principles of transparency and cost efficiency.

More in particular, Viasat contends that the General Court erred in law (1) by relying on the M6 judgment and the related case law to dismiss Viasat’s claims, (2) by holding that Viasat’s arguments lead to a ‘logical impasse’ (3) by rejecting the significance of the 2005 and 2011 SGEI Communications and the 2009 Broadcasting Communication (4) by holding that the 2001 Broadcasting Communication prevented the Commission from applying the methodology which, in Viasat’s view, flows from Article 106(2) TFEU.

(1) Commission Decision of 20 April 2011 on the measures implemented by Denmark (C 2/03) for TV2/Danmark

OJ L 340, p. 1.

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