ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER OF THE COURT OF FIRST INSTANCE
1 March 2007(*)
(Confidentiality – No need to adjudicate)
In Case T‑12/05,
TVDanmark A/S, established in Skovlunde (Denmark),
Kanal 5 Denmark Ltd, established in Hounslow, Middlesex (United Kingdom),
represented initially by D. Vandermeersch, T. Müller‑Ibold, K. Nordlander and H. Peytz, and subsequently by D. Vandermeersch, H. Peytz and K.‑U. Karl, lawyers,
applicants,
supported by
Viasat Broadcasting UK Ltd, established in West Drayton, Middlesex (United Kingdom), represented by S. Hjelmborg, lawyer,
intervener,
v
Commission of the European Communities, represented by N. Khan and M. Niejahr, acting as Agents,
defendant,
supported by
Kingdom of Denmark, represented by J. Molde, acting as Agent, assisted by P. Biering and K. Lundgaard Hansen, lawyers,
and by
TV 2/Danmark A/S, established in Odense (Denmark), represented by O. Koktvedgaard and M. Thorninger, lawyers,
interveners,
APPLICATION for annulment of the Commission’s decision of 6 October 2004 (C(2004) 3632 final) in State aid case N 313/2004 relating to the recapitalisation of TV 2/Danmark A/S,
THE PRESIDENT OF THE FIFTH CHAMBER OF THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES
makes the following
Order
Facts and procedure
1 TV 2/Danmark A/S (hereinafter ‘TV2’) is a Danish public broadcaster.
2 By Decision 2006/217/EC of 19 May 2004 on measures implemented by Denmark for TV2 (notified under document number C(2004) 1814) (OJ 2006 L 85, p. 1), as corrected (OJ 2006 L 368, p. 112), (‘the Decision of 19 May 2004’), the Commission stated that ‘[t]he aid granted between 1995 and 2002 [by the Kingdom of Denmark] to [TV2] in the form of licence fee resources and the other measures described in this Decision [were] compatible with the common market under Article 86(2) [EC] with the exception of an amount of [Danish Kroner (DKK)] 628.2 million’ (see Article 1 of the Decision of 19 May 2004).
3 That decision is the subject of several actions for annulment currently pending before the Court, among which is one, brought on 13 August 2004 under number T‑336/04, by TVDanmark A/S and Kanal 5 Denmark Ltd, the applicants in the present case (hereinafter, respectively, ‘TVDanmark’ and ‘Kanal 5’ or, together, ‘the applicants’). Case T‑336/04 seeks the partial annulment of the Decision of 19 May 2004, in so far as it declared the aid mentioned in the previous paragraph to be compatible, in part, with the common market.
4 By letter of 23 July 2004, the Kingdom of Denmark notified the Commission of a planned recapitalisation of TV2. That plan provided for an injection by the Kingdom of Denmark in TV2 of DKK 440 million directly from the State budget, and the conversion into TV2’s equity capital of a loan from the Danish authorities to the company of DKK 394 million.
5 By decision of 6 October 2004 (C(2004) 3632fin) in State aid case N 313/2004 relating to the recapitalisation of TV2 (hereinafter ‘the contested decision’), the Commission decided that ‘any element of State aid that might be connected with the planned recapitalisation of TV2 is compatible with the common market under Article 86(2) [EC]’ (see paragraph 55 of the contested decision). That decision was the subject, on 12 July 2005, of a brief notice in the Official Journal of the European Union (OJ 2005 C 172, p. 3).
6 By application lodged at the Registry of the Court of First Instance on 7 January 2005, TVDanmark and Kanal 5 brought the present action for annulment of the contested decision.
7 By documents of 8 and 21 April 2005, TV2 and the Kingdom of Denmark applied for leave to intervene in this case in support of the form of order sought by the Commission. Neither the Commission nor the applicants raised any objection to those applications.
8 By document of 21 April 2005, Viasat Broadcasting UK Ltd (‘Viasat’) applied for leave to intervene in this case in support of the form of order sought by the applicants. Neither the Commission nor the applicants raised any objection to that application.
9 By letters of 29 April and 17 May 2005, the applicants applied for confidential treatment of certain parts of the application with respect to TV2, Viasat and the Kingdom of Denmark. By letter of 15 June 2005, the applicants put those applications in proper form and confirmed that they were identical.
10 By orders of 22 June 2005 of the President of the Fifth Chamber of the Court, the Kingdom of Denmark and TV2 were granted leave to intervene in support of the Commission and Viasat was granted leave to intervene in support of the applicants.
11 By letter of 15 July 2005, the applicants partly withdrew their application for confidential treatment.
12 By letters of 18 and 19 July 2005, TV2 and the Kingdom of Denmark set out objections to the applications for confidential treatment.
13 By letter of 20 July 2005, the applicants stated that they were not seeking any confidential treatment as regards the reply.
14 By letter of 17 August 2005, the applicants withdrew their applications for confidential treatment as against all the interveners.
15 By letter of 17 November 2005, the applicants stated that they were not seeking any confidential treatment as regards the rejoinder.
Findings of the President
16 The applicants have, by letters of 15 July and 17 August 2005, wholly withdrawn their applications for confidential treatment in connection with this action.
17 In those circumstances, there is no need to adjudicate.
On those grounds,
THE PRESIDENT OF THE FIFTH CHAMBER OF THE COURT OF FIRST INSTANCE
hereby orders:
1. There is no need to adjudicate.
2. The costs are reserved.
Luxembourg, 1 March 2007.