Case C‑649/15 P
TV2/Danmark A/S
v
European Commission
(Appeal — State aid — Article 107 (1) TFEU — Public broadcasting service — Measures implemented by the Danish authorities in favour of the Danish broadcaster TV2/Danmark — Concept of ‘aid granted by a Member State or through State resources’ — Judgment in Altmark)
Summary — Judgment of the Court (First Chamber), 9 November 2017
Appeal—Grounds—Mere repetition of the pleas and arguments put forward before the General Court—Error of law relied on not identified—Inadmissibility
(Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d))
Appeal—Grounds—Incorrect assessment of the facts and evidence—Inadmissibility—Review by the Court of the assessment of the facts and evidence—Possible only where the clear sense of the evidence has been distorted
(Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.)
Appeal—Grounds—Incorrect assessment of the facts and evidence—Inadmissibility—Review by the Court of the General Court’s findings with regard to national law—Possible only where the clear sense of the evidence has been distorted
(Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.)
State aid—Commission decision—Judicial review—Interpretation of the decision in the light of the reasons stated in the decision, regardless of the arguments developed by the Commission in the course of proceedings
Appeal—Interest in bringing proceedings—Condition—Appeal capable of procuring an advantage for the party bringing it—Admissibility of a request for substitution of grounds amounting to a defence to one of the applicant’s pleas
(Art. 256 TFEU; Statute of the Court of Justice, Art. 56, second para.)
See the text of the judgment.
(see paras 34, 35)
See the text of the judgment.
(see para. 36)
In an appeal, the General Court’s interpretation of national law is a question of fact which is not, in principle, subject to review by the Court. Accordingly, with respect to the examination of the General Court’s findings with regard to national law, the Court of Justice has jurisdiction only to determine whether that law was distorted.
Such a distortion must be obvious from the documents in the Court’s file without any need for a new assessment of the facts and the evidence.
(see paragraphs 48-50)
It is the task of the Courts of the European Union to interpret the decisions of the Commission in the light of the reasons stated in those decisions and to do so, in some cases, regardless of the arguments developed by the Commission in the course of proceedings.
(see para. 55)
See the text of the judgment.
(see paras 61, 62)