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- Title
DTS v Commission: When is a Tax Measure State Aid?
- Authors
Brokelmann, Helmut; Ganino, Mariarosaria
- Abstract
The Court of Justice holds that a tax levied on pay-TV operators to finance the competing State-owned broadcaster Corporación de Radio y Televisión Española (RTVE) is not State aid within the meaning of Article 107 TFEU. The Court acknowledges that the tax constitutes an additional competitive disadvantage for pay-TV operators--different from that resulting from the public resources transferred to RTVE. It finds, however, that the tax is not aid within the meaning of the Laboratoires Boiron case law. According to the Court, the amount of the aid granted to RTVE would be determined by the net costs of fulfilling the public service mandate and the possible incompatibility of the tax with EU law would not call into question the aid, due to the obligation of the Spanish State to cover the shortfall between the sources of funding available to RTVE and the net costs of the public service obligation.
- Subjects
COURT of Justice of the European Union; GOVERNMENT aid; CORPORACION de Radio y Television Espanola SA
- Publication
Journal of European Competition Law & Practice, 2017, Vol 8, Issue 2, p102
- ISSN
2041-7764
- Publication type
Article
- DOI
10.1093/jeclap/lpw104