Language of document :

Order of the Court of First Instance of 24 September 2009 - SBS TV and SBS Danish Television v Commission

(Case T-12/05) 1

(State aid - Recapitalisation of a public service broadcaster following a first decision ordering recovery of incompatible State aid - Decision not to raise any objections - Annulment of the first decision - No need to adjudicate)

Language of the case: English

Parties

Applicants: SBS TV A/S, formerly TV Danmark A/S (Skovlunde, Denmark) and SBS Danish Television Ltd, formerly Kanal 5 Denmark Ltd (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)

Defendant: Commission of the European Communities (represented by: N. Kahn and M. Niejahr, Agents)

Intervener in support of the applicants: Viasat Broadcasting UK Ltd (West Drayton, Middlesex, United Kingdom) (represented by S. Hjelmborg and M. Honoré, lawyers)

Interveners in support of the defendant: Kingdom of Denmark (represented by J. Molde, Agent, and by P. Biering and K. Lundgaard Hansen, lawyers); and TV 2/Danmark A/S (Odense, Denmark) (represented by O. Koktvedgaard and M. Thorninger, lawyers)

Re:

Application for annulment of Commission Decision C (2004) 3632 final of 6 October 2004 relating to the recapitalisation of TV 2/Danmark A/S.

Operative part of the order

1.    There is no need to give a decision in the present action;

2.    Each party shall bear its own costs.

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1 - OJ C 69, 19.3.2005.