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IRIS 2005-5:1/1 Court of First Instance: Commission's Decision to Approve Recapitalisation of Danish Broadcaster TV2 Contested

By its Decision of 19 May 2004 the European Commission required the Danish broadcaster TV2/Danmark A/S (known as TV2) to pay back to the Danish State EUR 84.4 million (DKK 628.2 million) which amount was considered to have been granted as illegal State support to TV2 (see IRIS 2004-7: 4). In July 2004 the Danish government and TV2 appealed the Commission Decision before the Court of First Instance of the European Communities (see IRIS 2004-8: 3). Despite contesting the alleged illegality of the amount granted by the State, TV2 has complied with the Decision by setting up a recapitalisation plan...

IRIS 2005-2:1/18 [DK] Amendment to the Broadcasting Act regarding Political Advertising

On 1 January 2005, Act No 1437/2004 amending the Danish Broadcasting Act entered into force. The Act amends the provisions regarding political advertising in order to ensure accordance with the European Convention on Human Rights. Television advertising has been permitted in Denmark since 1986, with Article 76, Section 3 of the Broadcasting Act stating: "Advertisements for employers' organisations or trade unions or for religious movements or political parties are not allowed on television". However, Act No 439/2003 significantly expanded the scope of the prohibition as the wording "political parties"...

IRIS 2005-2:1/3 European Court of Human Rights: Final Judgment in the Case of Pedersen and Baadsgaard v. Denmark

In Strasbourg, two journalists of Danmarks Radio (Danish National television) complained about their conviction for defamation of a Chief Superintendent. The journalists, Pedersen and Baadsgaard, had produced two programmes about a murder trial in which they had criticised the police's handling of the investigation. At the end of the programmes, the question was raised if it was the Chief Superintendent who had decided that a report should not be included in the case or who concealed a witness's statement from the defence, the judges and the jury. Both journalists were charged with defamation...

IRIS 2004-10:1/57 [FR-DK] Films Co-Production Agreement between France and Denmark

On 27 June 1975 a Co-Production Agreement was signed between France and Denmark. It entered into force on 26 November 1975. The Agreement applies to cinematographic works (full-length as well as short films) made by one or more French (or resident in France) producers together with one or more Danish (or resident in Denmark) producers. Third country producers may join the co-production, if their country is linked to France or Denmark by a films co-production agreement. Financial contribution shall be at least 25%. For further information contact: - Centre national de la cinématographie - Direction...

IRIS 2004-8:1/2 Court of First Instance: TV 2 Brings Commission Decision Before the Court of First Instance

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...