21.12.2011 Official Journal of the European Union L 340[1 (Non-legislative acts) DECISIONS COMMISSION DECISION of 20 April 2011 on the measures implemented by Denmark (C 2/03) for TV2/Danmark (notified under document C(2011) 2612) (Only the Danish text is authentic) (Text with EEA relevance) (2011/839/EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union (), and in particular the first subparagraph of Article 108(2) thereof, Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof, Having called on interested parties to submit their comments pursuant to the provisions cited above (?) and having regard to their comments, Whereas: I. PROCEDURE (1) By letter of 5 April 2000, the Commission received a complaint from the Danish commercial television company SBS Broadcasting SA/TVDanmark (hereinafter ‘SBS/TVDanmark’) regarding the State financing of the Danish public service television broadcaster TV2/ Danmark (hereinafter ‘TV2' (}). A meeting took place with the complainant on 3 May 2000. By letters of 28 February 2001, 3 May 2001 and 11 December 2001, the complainant submitted additional information. () With effect from 1 December 2009, Articles 87 and 88 of the EC Treaty have become Articles 107 and 108, respectively, of the TFEU. The two sets of provisions are, in substance, identical. For the purposes of this Decision, references to Articles 107 and 108 of the TFEU should, where appropriate, be understood as references to Articles 87 and 88 of the EC Treaty. 0OJ C 59, 14.3.2003, p. 2. In 2003, TV2 was converted into a limited liability company and its name changed to TV2/Danmark A[S. For the sake of simplicity, ‘TV2" will be used in this decision to refer to the Danish public service television broadcaster TV2/Danmark, irrespective of its legal form. —— = (2) By letter of 5 June 2002, the Commission requested information from the Danish authorities, who replied by letter of 10 July 2002. Two meetings with the Danish authorities were held on 25 October 2002 and on 19 November 2002. Additional information was received by letters of 19 November 2002 and 3 December 2002. (3) By letter dated 24 January 2003 (%, the Commission informed Denmark that it had decided to initiate the procedure laid down in Article 108(2) of the Treaty on the Functioning of the European Union (TFEU) in respect of the State financing of Danish public service broad- caster TV2. (4)  The Commission decision to initiate the procedure was published in the Official Journal of the European Commu- nities of 14 March 2003 (°). The Commission invited interested parties to submit their comments on the measures. (5)  The Commission received observations from the Danish authorities by letter of 24 March 2003. The Commission also received comments from several interested parties. TVDanmark submitted comments by letter of 14 April 2003. The Association of Commercial Television in Europe (ACT) sent comments in a letter dated 14 April 2003. The commercial television stations Antena 3 TV and Gestevision Telecinco submitted comments on 16 April 2003. The commercial station TV3 submitted (*) Commission decision of 21 January 2003, ‘State financing of Danish public broadcaster TV2 by means of licence fee and other measures’ (O] C 59, 14.3.2003, p. 2). () See footnote 2.