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Case T-674/11: Judgment of the General Court of 24 September 2015 — TV2/Danmark v Commission (State aid — Public broadcasting service — Decision declaring the aid compatible with the internal market — Aid implemented by the Danish authorities in favour of the Danish public service broadcaster TV2/Danmark — Public financing granted to compensate for costs inherent in the performance of public service obligations — Concept of aid — Altmark judgment)

ECLI:EU:UNKNOWN:62011TA0674

62011TA0674

September 24, 2015
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23.11.2015

Official Journal of the European Union

C 389/25

(Case T-674/11)( (<span class="super">1</span>))

((State aid - Public broadcasting service - Decision declaring the aid compatible with the internal market - Aid implemented by the Danish authorities in favour of the Danish public service broadcaster TV2/Danmark - Public financing granted to compensate for costs inherent in the performance of public service obligations - Concept of aid - Altmark judgment))

(2015/C 389/25)

Language of the case: Danish

Parties

Applicant: TV2/Danmark A/S (Odense, Denmark) (represented by: O. Koktvedgaard, lawyer)

Defendant: European Commission (represented by: B. Stromsky, C. Støvlbæk and U. Nielsen, Agents)

Intervener in support of the applicant: Kingdom of Denmark (represented initially by C. Vang and V. Pasternak Jørgensen, Agents, then subsequently by V. Pasternak Jørgensen, assisted by K. Lundgaard Hansen, lawyer, and finally by C. Thorning, Agent, assisted by K. Lundgaard Hansen and R. Holdgaard, lawyers)

Intervener in support of the defendant: Viasat Broadocasting UK Ltd (West Drayton, United Kingdom) (represented by: S. Kalsmose-Hjelmborg and M. Honoré, lawyers)

Re:

Partial annulment of Commission Decision 2011/839/EU of 20 April 2011 concerning Danish measures (C 2/03) in favour of TV2/Danmark (OJ 2011 L 340, p. 1).

Operative part of the judgment

The Court:

1.Annuls Commission Decision 2011/839/EU of 20 April 2011 concerning Danish measures (C 2/03) in favour of TV2/Danmark in so far as the Commission found that the advertising revenues for the years 1995 and 1996 paid to TV2/Danmark through the TV2 Fund constituted State aid.

2.Dismisses the action as to the remainder.

3.Orders TV2/Danmark A/S to bear its own costs and to pay three-quarters of the costs incurred by the European Commission.

4.Orders the Commission to bear one-quarter of its costs.

5.Orders the Kingdom of Denmark and Viasat Broadcasting UK Ltd each to bear their respective costs.

(<span class="super">1</span>) OJ C 80, 17.3.2012.

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