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“Not so efficient?” Considering Efficiency of Public Broadcasters within Article 106(2) TFEU Compatibility Assessment in the light of the TV2/Danmark Judgment

Astvaldsson, Arnljotur LU (2016) JAEM03 20151
Department of Law
Abstract (Swedish)
Member State financing of public broadcasters has long been a contentious issue within the European Union, which strives for an open marketplace where broadcasters of different origins move and compete freely. The public financing of certain broadcasters – reinforced by the Amsterdam Protocol and Member States’ desire to maintain and enhance democracy as well as social and cultural values – poses challenges for private broadcasters intending to enter new markets and compete effectively. In many cases private broadcasters have alleged that their public counterparts are recipients of State aid that distorts terms of competition in the internal market and should be repaid to level the playing field. Such is the case with the competitors of... (More)
Member State financing of public broadcasters has long been a contentious issue within the European Union, which strives for an open marketplace where broadcasters of different origins move and compete freely. The public financing of certain broadcasters – reinforced by the Amsterdam Protocol and Member States’ desire to maintain and enhance democracy as well as social and cultural values – poses challenges for private broadcasters intending to enter new markets and compete effectively. In many cases private broadcasters have alleged that their public counterparts are recipients of State aid that distorts terms of competition in the internal market and should be repaid to level the playing field. Such is the case with the competitors of Danish public broadcaster TV2/Danmark.

This thesis concerns State aid in relation to the provision of public broadcasting services. It examines the requirement that the operations of public broadcasters have to be of a certain efficiency level to escape classification as prohibited State aid under Article 107(1) TFEU and what role that requirement has in relation to assessment of whether State aid is compatible with the internal market under Article 106(2) TFEU. To that end the thesis focuses on the latest judicial development in the long-running dispute concerning the Danish State’s financing of public broadcaster TV2/Danmark – the General Court’s judgment on September 24 2015 in case T-125/12 – and the court’s conclusion as to the requirement of economic efficiency. (Less)
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author
Astvaldsson, Arnljotur LU
supervisor
organization
course
JAEM03 20151
year
type
H2 - Master's Degree (Two Years)
subject
keywords
EU Law State aid Services of General Economic Interest Public Service Broadcasting TV2/Danmark / Viasat Broadcasting Altmark
language
English
id
8881546
date added to LUP
2016-06-15 13:35:05
date last changed
2016-06-15 13:35:05
@misc{8881546,
  abstract     = {Member State financing of public broadcasters has long been a contentious issue within the European Union, which strives for an open marketplace where broadcasters of different origins move and compete freely. The public financing of certain broadcasters – reinforced by the Amsterdam Protocol and Member States’ desire to maintain and enhance democracy as well as social and cultural values – poses challenges for private broadcasters intending to enter new markets and compete effectively. In many cases private broadcasters have alleged that their public counterparts are recipients of State aid that distorts terms of competition in the internal market and should be repaid to level the playing field. Such is the case with the competitors of Danish public broadcaster TV2/Danmark.

This thesis concerns State aid in relation to the provision of public broadcasting services. It examines the requirement that the operations of public broadcasters have to be of a certain efficiency level to escape classification as prohibited State aid under Article 107(1) TFEU and what role that requirement has in relation to assessment of whether State aid is compatible with the internal market under Article 106(2) TFEU. To that end the thesis focuses on the latest judicial development in the long-running dispute concerning the Danish State’s financing of public broadcaster TV2/Danmark – the General Court’s judgment on September 24 2015 in case T-125/12 – and the court’s conclusion as to the requirement of economic efficiency.},
  author       = {Astvaldsson, Arnljotur},
  keyword      = {EU Law State aid Services of General Economic Interest Public Service Broadcasting TV2/Danmark / Viasat Broadcasting Altmark},
  language     = {eng},
  note         = {Student Paper},
  title        = {“Not so efficient?” Considering Efficiency of Public Broadcasters within Article 106(2) TFEU Compatibility Assessment in the light of the TV2/Danmark Judgment},
  year         = {2016},
}