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Document 62015CN0649
Case C-649/15 P: Appeal brought on 3 December 2015 by TV2/Danmark A/S against the judgment of the General Court (Eighth Chamber) delivered on 24 September 2015 in Case T-674/11 TV2/Danmark A/S v European Commission
Case C-649/15 P: Appeal brought on 3 December 2015 by TV2/Danmark A/S against the judgment of the General Court (Eighth Chamber) delivered on 24 September 2015 in Case T-674/11 TV2/Danmark A/S v European Commission
Case C-649/15 P: Appeal brought on 3 December 2015 by TV2/Danmark A/S against the judgment of the General Court (Eighth Chamber) delivered on 24 September 2015 in Case T-674/11 TV2/Danmark A/S v European Commission
IO C 48, 8.2.2016, p. 23–25
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
8.2.2016 |
EN |
Official Journal of the European Union |
C 48/23 |
Appeal brought on 3 December 2015 by TV2/Danmark A/S against the judgment of the General Court (Eighth Chamber) delivered on 24 September 2015 in Case T-674/11 TV2/Danmark A/S v European Commission
(Case C-649/15 P)
(2016/C 048/29)
Language of the case: Danish
Parties
Appellant: TV2/Danmark A/S (represented by: O. Koktvedgaard, advokat)
Other parties to the proceedings: European Commission, Kingdom of Danmark, Viasat Broadcasting UK Ltd
Forms of order sought
1. |
Set aside the judgment under appeal in so far as it finds in favour of the Commission in respect of TV2’s principal claim, rule on the case and annul the contested decision in so far as it finds that the measures investigated constituted State aid covered by Article 107(1) TFEU. In the alternative, refer the case back to the General Court for reconsideration. |
2. |
Set aside the judgment under appeal in so far as it finds in favour of the Commission in respect of the second part of TV2’s alternative claim, rule on the case and annul the contested decision in so far as it finds that the licence fee revenue which, in the years 1997-2002, was transferred to TV2 and then on to the regions, constituted State aid in favour of TV2. In the alternative, refer this part of the case back to the General Court for reconsideration. |
3. |
Set aside the judgment under appeal in so far as it orders TV2 to bear its own costs and to pay three-quarters of the Commission’s costs; order the Commission to pay TV2’s costs associated with the proceedings before both the General Court and the Court of Justice. Should the case be referred back to the General Court, a corresponding decision on costs should be made on the referred portion of the case referred back to the General Court. |
Pleas in law and main arguments
1. |
TV2 submits that that part of the judgment under appeal which rejects TV2’s first plea in law and thus TV2’s principal claim is contrary to the concept of State aid as laid down in Article 107(1) TFEU, thereby vitiating that judgment with an error of law. TV2 puts forward the following principal arguments in support thereof:
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2. |
TV2 further submits that that part of the judgment under appeal which deals with the merits and rejects the second part of TV2’s alternative claim is vitiated by an error of law because it is contrary to fundamental procedural principles. TV2 puts forward the following principal arguments in support thereof:
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3. |
Lastly, TV2 submits that that part of the judgment under appeal which deals with the merits and rejects the second part of TV2’s alternative claim (paragraphs 165-174) is vitiated by an error of law because it is based on a clearly incorrect interpretation of Danish law and is contrary to the concept of State aid as laid down in Article 107(1) TFEU. TV2 puts forward the following principal arguments in support thereof:
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