Action brought on 30 December 2011 - TV2/Danmark v Commission
(Case T-674/11)
Language of the case: Danish
Parties
Applicant: TV2/Danmark (Odense, Denmark) (represented by: O. Koktvedgaard)
Defendant: European Commission
Form of order sought
Principal head of claim: annulment of Commission Decision of 20 April 2011 on the measures implemented by Denmark for TV2/Danmark (C 2/2003), in so far as it finds that the measures investigated constituted State aid within the meaning of Article 107(1) TFEU (recitals 101 and 153 and first paragraph of the Conclusion of the Decision).
Alternative head of claim: annulment of Commission Decision of 20 April 2011 on the measures implemented by Denmark for TV2/Danmark (C 2/2003) in so far as it finds:
that the measures investigated constituted new aid which therefore had to be notified (recital 154 and first paragraph of the Conclusion of the Decision);
that the licensing fees which, in the years 1997-2002, were transferred to the regions via TV2, constituted State aid for TV2 (recital 194 of the Decision); and
that the advertising revenues which, in 1995 and 1996 and at the time of the winding-up of the TV2 Fund in 1997, were transferred from the TV2 Fund to TV2, constituted State aid for TV2 (recitals 90, 92, 193 and 195, with Table 1).
Pleas in law and main arguments
In support of the action, the applicant submits that the contested decision is contrary to Article 107(1) TFEU, Article 14 TFEU and the Amsterdam Protocol. The applicant submits:
that the applicant did not receive State aid, in that the measures investigated did not favour TV2/Danmark within the meaning of Article 107 TFEU, but were merely compensation for the public services provided by TV2/Danmark. The applicant submits that the Commission did not apply the conditions in Altmark according to their intended spirit and purpose and found, incorrectly, that the second and fourth conditions in Altmark were not fulfilled.
that the alleged aid to TV2/Danmark in the form of licensing fees and corporate tax exemptions was not new aid within the meaning of Regulation No 659/1999 , since those arrangements preceded Denmark's accession to the EU;
that the licensing fees which were transferred to the regions via TV2/Danmark from 1997 to 2002 cannot be categorised as State aid to TV2/Danmark, since TV2/Danmark was not the actual recipient of those funds; and
that the funds which were transferred from TV2 Reklame A/S via the TV2 Fund to TV2/Danmark derived from the sale of advertising did not constitute State aid, since that was payment for TV2/Danmark's broadcasting of advertising on TV2/Danmark's broadcasting network.
____________1 - Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of [Article 108 TFEU} (OJ 1999 L 83, p. 1).