The EU Court of Justice rejects an appeal concerning a Spanish aid measure in favour of a public broadcaster, finding that the amount of aid granted did not depend solely on the amount of tax paid by the appellants (DTS)

* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no relationships with a party or related third party. Article will need e-Competitions Board approval before publication.

Funding of the Spanish Public Broadcaster and Hypothecation of Taxes* Tax payers have grounds to object to a tax on the basis of Article 107(1) TFEU only when the tax is “asymmetrical” or when it is “hypothecated” to an aid measure. Introduction On 10 November 2016, the Court of Justice ruled in case C‑449/14 P, DTS v European Commission. DTS, a Spanish television company, appealed against the judgment of the General Court in case T-533/10, DTS v European Commission, by which the General Court dismissed its application for annulment of Commission decision 2011/1 on a Spanish aid measure in favour of the public broadcaster RTVE. The judgment of the General Court was reviewed here on 26 August 2014. DTS operates in Spain a digital satellite pay-tv service, known as Digital+, and offers

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Phedon Nicolaides, The EU Court of Justice rejects an appeal concerning a Spanish aid measure in favour of a public broadcaster, finding that the amount of aid granted did not depend solely on the amount of tax paid by the appellants (DTS), 10 November 2016, e-Competitions Bulletin November 2016, Art. N° 89946

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