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
Most recent headlines
04/08/2024
Dalet, a leading technology and service provider for media-rich organizations, is excited to announce Santiago Solanas as its new Chief Executive Officer (CEO)....
03/06/2024
Dalet, a leading technology and service provider for media-rich organizations, a...
04/05/2024
NEW YORK As the Asian Pacific American Heritage Month kicks off in May, Nielsen has released an extensive new report diving into their media habits with data sh...
04/05/2024
PHILADELPHIA As National Military Appreciation Month gets underway, Comcast has announced several new initiatives to help veterans, service members, and their f...
04/05/2024
WASHINGTON, D.C. Federal Communications Commission chairwoman Jessica Rosenworcel has announced a tentative agenda for the May Open Commission Meeting scheduled...
04/05/2024
The Broadband Forum has announced major enhancements to key 5G convergence standards that the group said will help advance next-generation applications, improve...
04/05/2024
Spotify Wrapped Campaign Spot Graded With DaVinci Resolve Studio
Brie Clayton May 3, 2024
0 Comments
Blackmagic Design today announced that Colorist M...
04/05/2024
Three Boston Conservatory at Berklee Alums Nominated for Tony Awards An additional eight alums and two current students performed in nominated productions.
...
03/05/2024
An innovative learning tool to help media and civil society better understand ho...
03/05/2024
PARK CITY, UTAH - JANUARY 21: (L-R) Actors K stutis Cic nas and Greta Grinevi i t , Director Marija Kavtaradze and Producer Marija Razgute attend the 2023 Sunda...
03/05/2024
If you aren't familiar with Danny Ocean's music, it's only a matter ...
03/05/2024
Spotify has an unwavering commitment to supporting emerging artists across all genres, to helping them launch and thrive in their careers, and to connecting the...
03/05/2024
Como uno de los sonidos de mayor expansi n en el mundo, la M sica Mexicana va m ...
03/05/2024
As one of the fastest-growing sounds worldwide, M sica Mexicana is more than jus...
03/05/2024
NEW YORK FuboTV reported that it lost 110,000 subs in Q1 2024 but it exceeded its guidance for the quarter with double digit year-over-year increases across key...
03/05/2024
Only 3 Weeks Left To Enter The Creative Industries Most Award
Brie Clayton May 3, 2024
0 Comments
Creativepool is giving a last call to the creative i...
03/05/2024
WePlay Studios Transforms the Future of Live Event Storytelling with AJA Gear
Brie Clayton May 3, 2024
0 Comments
By 2032, the esports market is expec...
03/05/2024
WASHINGTON Shannon Bream, Fox News Sunday anchor and chief legal correspondent, sat for a keynote chat at The Business of TV News, with Tom Umstead, senior co...
03/05/2024
WASHINGTON Asked how important is local news, Martha Raddatz, who has covered foreign conflicts for decades and moderated presidential debates for ABC News, s...
03/05/2024
Sony Pictures and Apollo Global Management have made a $26 billion cash offer fo...
03/05/2024
CBS announced its 2024-2025 primetime schedule, which features the new dramas NCIS: Origins, Matlock and Watson, and new comedies Poppa's House and Georgie ...
03/05/2024
Sports-focused streaming service Fubo said it reduced its red ink in the first quarter, despite losing 110,000 subscribers since the end of the year....
03/05/2024
Walmart is reportedly about to release a new 4K streaming box/smart speaker hybrid device for Google TV that could retail for as low as $50, according to a repo...
03/05/2024
Enhancements to its Delivery Workspace solution provide increased content delivery robustness and security
By Matthew Corrigan
Published: May 3, 2024
Enha...
03/05/2024
According to reports, if the bid is successful, Sony would be the significant majority shareholder of the new private company
By Jenny Priestley
Published: M...
03/05/2024
Located in Manchesters Spinningfields district, the course aims to equip students with the skills, knowledge and industry insight for a career in the creative s...
03/05/2024
Lightbridge has created a new Cine Reflect Lighting System kit, dedicated to enabling artistic lighting with consideration of today's productivity practical...
03/05/2024
Broadcast media systems integrator BeckTV and Lawo worked together on a large-scale AES67 build of radio control rooms at KPBS, San Diego's NPR and PBS memb...
03/05/2024
Raleigh, NC, April 12, 2024 SmallHD announces PageOS 6, a powerful software update free for owners of SmallHD monitors, featuring increased functionality, exp...
03/05/2024
SmallHD announces the Quantum 32 a new 31.5 OLED monitor designed to provide reference HDR/SDR images for post-production final color grading, as well as cri...
03/05/2024
By 2032, the esports market is expected to grow to $9.29 billion, bolstered by a global player count and fan following that both continue to climb. The 2023 Lea...
03/05/2024
Amagi, the global leader in cloud-based SaaS technology for broadcast and connected TV (CTV), today announced that the 11th edition of the Amagi Global FAST Rep...
03/05/2024
Riedel Communications today announced that Westdeutscher Rundfunk (WDR) is relying on a media and intercom network based on Riedel technology for the renewal of...
03/05/2024
Broadpeak , a leading provider of content delivery network (CDN) and video streaming solutions for content providers and pay-TV operators worldwide, announced t...
03/05/2024
Media technology innovator Limecraft will exhibit the latest updates to its online platform on stand G79 at the 15-16 May 2024 Media Production & Technology Sho...
03/05/2024
Audio interface specialist Prism Sound is partnering with console manufacturer Solid State Logic, professional monitor manufacturer PMC and acoustic panel and d...
03/05/2024
Intinor, Sweden's leading developer of products and solutions for high-quality video over the internet, is set to join forces with its UK partner Zest Techn...
03/05/2024
NAKIVO Inc., a fast-growing software company dedicated to protecting physical, virtual, cloud, and SaaS environments, announced its Q1 2024 financial results to...
03/05/2024
Hiltron Communications announces an addition to its range of satellite communication products and systems: a field-upgradable motorisation kit specifically desi...
03/05/2024
Visit LiveU at Stand D30
With this year an exceptional one for major sporting events alongside multiple, key elections, the power and flexibility of LiveU'...
03/05/2024
Agile Content, the leader in the development of technology and solutions for the provision of television services over the Internet, announces Koldo Unanue as i...
03/05/2024
Eight co-signers representing streaming services, pay TV operators and public interest groups have sent a letter to Congressional leaders urging their Committee...
03/05/2024
BOSTON Brightcove has announced that it has implemented Amazon Q Business, a new generative AI assistant on Amazon Web Services (AWS)....
03/05/2024
NEW YORK CBS has declared that it will finish the 2023-24 season as Americas Most-Watched Network in primetime for the 16th consecutive season....
03/05/2024
A new survey indicates that U.S. businesses and consumers had an overall positive attitude towards their technology spending plans in the first quarter of 2024,...
03/05/2024
Sony and Apollo Global Management have sent an offer letter to Paramount Global's board of directors making an $26 billion all cash offer for Paramount Glob...
03/05/2024
EMG / Gravity Media has appointed Charlie Cubbon chief operating officer (COO) and Jamie Hindhaugh regional CEO for the U.K., U.S., Australia and the Middle Eas...
03/05/2024
Final 2024 Season Games to Air Saturdays on WRAL at 10:30am in May, Championship on June 1
Taping for the final episodes of the 2024 season of WRAL-TV's Br...
03/05/2024
Estrella MediaCo said it is expanding its connected TV portfolio by launching three new channels with Curiosity that will first appear on Samsung TV Plus....
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.
