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By a decision of 19 May 2004, the European Commission ordered the Danish State-owned limited broadcasting company TV 2 to pay back excess State compensation of DKK 628.2 million, received during the period 19952002 (see IRIS 2004-7: 4). In July 2004, first the Danish Government and thereafter TV 2, decided to bring the Commission's decision before the EC Court of First Instance. The plaintiffs invoke the Protocol on the System of Public Broadcasting in the Member States annexed to the Amsterdam Treaty, which provides that "[t]he Treaty provisions shall be without prejudice to the competence of...

On 5 April 2000, the Danish commercial television broadcasting company TvDanmark brought a complaint before the EU Commission alleging that the financing scheme of the Danish State, applied during the period 1995-2002, in favour of the Danish public company TV2 had to be regarded as State aid contrary to Article 87(1) of the Amsterdam EC Treaty, not subject to the derogations laid down in Articles 87(2) and (3) of the Treaty. The Danish broadcaster TV2 is a State-owned limited company, operating on national level under the name "TV2/DANMARK A/S". The company assumes public service obligations....

The new Telecommunications Act of 23 September 2003 (State Gazette, issue 88, 7 October 2003) is meant to bring Bulgarian law into line with the acquis communautaire and to conduce to the liberalisation and opening up of services in the fixed network telephony market. The Act places particular emphasis on the obligations of operators with considerable market power, the distribution of licences, the imposition of administrative charges and local loop unbundling. For example, it introduces a "must carry" provision (Art. 48), which obligates cable network operators to transmit public service broadcasting...

On 7 March 2002, the EU adopted a new European regulatory framework for the communications sector, comprising 5 Directives (see IRIS 2002-3: 4). The Directives were to be transposed into national law no later than 24 July 2003. In Denmark, the Directives have been implemented by Act No. 450 of 10 June 2003 (“the Act”), amending the main Danish Telecoms Act, Act No. 418 of 31 May 2000 on Competition and Consumer Issues in the Telecommunications Market (the Competition and Consumer Act), as well as a number of other regulations within the field of communications. It should be noted that in the 2000...

Following a political agreement of June 2002 (see IRIS 2002-7: 9), the Danish Parliament, in May 2003, adopted an Act that establishes the legal basis for the impending privatisation of the national broadcaster TV2. TV2 is one of two national public service broadcasters in Denmark, the other being DR. While DR is entirely financed through public funds, this is only partly the case for TV2, which is predominantly financed through advertisements and other commercial means. According to the political agreement, the privatisation of TV2 must be subject to a number of conditions. The privatised TV2...