TV2 and others v Commission [2008] EUECJ T-309/04

Court of First Instance judgment (about 30 pages) annulling the European Commission's decision on State aid to the Danish public service broadcaster TV2. The court agreed with the Danish Government and TV2 that the Commission had failed to prove in the decision that TV2's financial arrangements did not satisfy the Altmark criteria.

The judgment strongly criticises DG Competition's handling of the case, for example:

203. Moreover, the Court of First Instance considers that that failure to provide an adequate statement of reasons is attributable to the Commission’s complete failure to examine seriously, during the formal investigation procedure, the actual conditions which, during the period under investigation, governed the setting of the amount of licence fee income payable to TV2. ...

210. ... the Commission admits, by – wrongly – criticising the Kingdom of Denmark for not making available ex ante information that could have been used as part of the assessment (see paragraph 204 above), that it failed to examine the file seriously.

For further information or advice please contact Franck Latrémolière.

Filed under ECJ/CFI, Media, State aid.

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