The EU Court of Justice considers the relationship between the Altmark judgment and Article 106(2) TFEU (Viasat Broadcasting)

* Article published on StateAidHub.eu Blog (click here), republished in e-Competitions with the courtesy of the author(s). 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.

Altmark requires efficiency: Article 106(2) TFEU does not.* Introduction On 8 March 2017, the Court of Justice rendered its judgment in case C‑660/15 P Viasat Broadcasting v European Commission. [1] Viasat Broadcasting appealed against the judgment of the General Court of 24 September 2015 in case T‑125/12 Viasat Broadcasting v Commission. The General Court had dismissed Viasat’s action against Commission decision 2011/839. In that decision, the Commission found that State aid granted by Denmark to TV2/Danmark was compatible with the internal market on the basis of Article 106(2) TFEU. TV2 has a public service obligation [PSO] to produce and broadcast national and regional television programmes. TV2 is partly funded with revenue from a licence fee paid by Danish television viewers.

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Phedon Nicolaides, The EU Court of Justice considers the relationship between the Altmark judgment and Article 106(2) TFEU (Viasat Broadcasting), 8 March 2017, e-Competitions SGEI and competition law, Art. N° 83642

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