The justice European confirms the legality of the system of funding of RTVE He Court of Justice of the Union European gives its approval to the regime of funding of RTVE introduced with the law of funding of the Corporation of 2009 that suppressed it advertising in TVE. It room first of the Court of Justice of the Union European issued sentence the last day 10 on it the system of funding of broadcasting Spanish dismissing in its integrity the resource of Cassation of DTS and it accession to it Cassation of telephone, following the line of argumentation posed by the Commission, the Government and RTVE and ending so with the contentious started in 2010 by DTS and , subsequently, telephone, against the authorization granted by the Commission European to the regime of funding of RTVE planned in the law 8 / 2009, without said regime is has seen affected by none of them resources interposed nor before the Court General, or subsequently, before the ECJ.The decision, in its analysis, alters the order of the three reasons for the appeal invoked by DTS and the reason for adherence to the Cassation of Telefonica of Spain and Telef nica mobile Spain dismissing them.
In relation to the first of the examined grounds, concerning possible denaturing of the facts in relation to the interpretation of national law (something that has just can deduce form manifest of obrante documentation on the car without that fit the contribution of new evidence), the Court of Justice concludes that the General Court It considered that aid to RTVE does not depend on the amount of tax levies that DTS is object, but the net costs of the public service and therefore there is no denaturation in the interpretation of national law (paragraphs 46 to 49).
In terms of the plea concerning the alleged violation of article 107.1 TFEU by incorrect interpretation of the concept of State aid, DTS a first structured it in two parts stating that the relationship between assessment on operators of pay TV and the aid granted to RTVE is not comparable to that exists between a tribute of a general scope and an exemption from this , and a second which States that that the lien on the pay TV operators is an asymmetric tribute that constitute aid within the meaning of the judgment in the proceedings by Laboratoires Boiron.
Concerning the first part of the motive, the Court of Justice concludes that is inoperative, since it Foundation of it sentence appealed not is articulates on that relationship between the tribute of scope general and it exemption, but by the lack of relevance of it sentence laboratories Boiron for examine it helps in question.
Therefore, the judgment of the Court of Justice analyses the second part of this plea, focused much of the litigation, in relation to whether disputed assessment is similar to the tribute that was considered in laboratory Boiron State aid.
Aid scheme
In this sense, the Court of Justice part of the made of that the mode of funding of a helps can determine that it all of the regime of helps is incompatible with the market common, while provided the destination of the tribute is necessarily linked to it helps with arrangement to it normative national relevant, in the sense of that the fundraising of the tribute is intended necessarily to it funding of it helps and affects directly to it amount and, in consequence, to the assessment of the compatibility of this aid with the common market.
The Court of Justice stated that, in case of asymmetric subject to an assessment, i.e., when it is only subject to the assessment one of the two categories of operators in competitive situation, debtor assessment operators can invoke the illegality of this (where the aid measure is the own assessment, since this and support are two inseparable elements of one and the same tax measure).
He Court of Justice considers that the sentence appealed not erred in right to the estimate that the assessment or rate that has that pay DTS (and therefore any other operator) not is a tribute comparable to the assessment asymmetric, since them measures tax (rates) and it helps in favour of the Corporation RTVE not are two elements inseparable of a single and same measure , since it possible inapplicability of them measures tax of that is is by its possible incompatibility with the right of the Union not has it consequence direct of question it helps, since the State is obliged to complete the difference between them income economic of that has RTVE and them costs total of this for the compliance of their obligations of service public of what constitutes an additional element, the fact that the amount of aid was not determined solely by the amount of the fees, but for the net costs of the public service.
While the ruling also considers that the obligation of payment of DTS is a further competitive disadvantage, it also says that is not sufficient to consider that assessment is an integral part of the aid.
As to the third plea, relating to an alleged violation of article 106, paragraph 2 TFEU, the ruling considered inoperative, since DTS alleges does not in any way that this part of the contested judgment finf of errors of law, at the time that immediately highlights that its appeal does not refer to the examination of the compatibility of the aid granted to RTVE with article 106 TFEU , paragraph 2.
Finally, the sentence analyzes them arguments sustained by it reply and the accession to the Cassation of the societies of telephone. As for the reason for reply to the appeal, this inadmite not be procedurally possible, since this cannot be by object the annulment of the judgement appealed by motives different and autonomous of the summoned in the appeal, since these reasons can only be invoked in the context of adherence to the Cassation. As to the reason of accession, this is ignored, since the contested judgment appreciated, righ
