Action brought on 18 May 2012 - Viasat Broadcasting UK v Commission
(Case T-210/12)
Language of the case: English
Parties
Applicant: Viasat Broadcasting UK Ltd (West Drayton, Middlesex, United Kingdom) (represented by: S. Kalsmose-Hjelmborg and M. Honoré, lawyers)
Defendant: European Commission
Form of order sought
Annul the Commission's Decision of 20 April 2011 concerning State aid C 19/09 which Denmark intends to implement regarding the restructuring of TV 2 Danmark A/S;
Order the defendant to pay the costs.
Pleas in law and main arguments
In support of the action, the applicant relies on one plea in law, alleging essentially that the European Commission erred in law when it failed to include in its assessment aid granted to TV 2 Danmark A/S through 8 regional TV 2 broadcasting stations.
In this regard, the applicant submits that the broadcasts provided free of charge by the regional broadcasting stations, which are financed by licence fees, to TV 2 Danmark A/S constitute State aid within the meaning of Article 107(1) TFEU. In addition, it is recalled that according to the public service licence issued to TV 2 Danmark A/S by the Minster of Culture, TV 2 Danmark A/S retains the advertising revenue generated by the "advertisement slots" in the regional broadcast.
The applicant further alleges that by disregarding the State aid provided to TV 2 Danmark A/S through the regional broadcasting stations, the defendant has not considered the financial situation of TV 2 Danmark A/S in the light of the full spectrum of the revenues of such.
Due to this failure, the applicant alleges that the entire assessment made by the defendant of the restructuring plan is based on erroneous assumptions concerning TV 2 Danmark A/S's financial situation. Therefore, the applicant alleges that the defendant has not been in a position to confirm that the conditions laid down in its own Guidelines are met.
Consequently, the applicant alleges that the defendant has failed to comply with the criteria defined by the Commission itself in the Community guidelines on State aid for rescuing and restructuring firms in difficulty and ultimately in Article 107(3)(c) TFEU, when it assessed the rescue and restructuring aid to TV 2 Danmark A/S.
____________1 - Community guidelines on State aid for rescuing and restructuring firms in difficulty (OJ 2004 C 244, p. 2)