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7th September 2020
Competition & State Aid

Analysis: “CELF is ever living but AG Kokott offers an approach for resolving the tension between the obligation to pay interest and guaranteeing services of general economic interest” by Piotr Bogdanowicz

On 3 September Advocate General Juliane Kokott issued an Opinion in Case C-445/19 Viasat Broadcasting UK. The case concerns the financing of public-service broadcasting in Denmark through State subsidies. Both the General Court and the Court of Justice have already held that these subsidies constitute State aid compatible with the internal market. The problem is that this aid was not notified to the Commission before it was implemented.

Consequently, Viasat Broadcasting UK Ltd. (Viasat) has sought a declaration before the Danish courts that TV 2, namely Danish broadcasting, is obliged to pay, for the period between the disbursement of the aid and the final decision on its compatibility with the internal market, illegality interest

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