The change in the eligibility criteria for the contribution to finance German public service broadcasters does not constitute illegal State aid, confirmed the EU Court of Justice in a judgment delivered on Thursday 13 December (case C-492/17).
Until 2013, the German audiovisual licence fee was due for the ownership of a television set. Since then, public broadcasters have been collecting a contribution for the occupation of a professional housing/institution. Several individuals contest the procedure for collecting unpaid debts concerning them, considering the new contribution to be contrary to EU law.
Relying on the reasoning of the Advocate General (see EUROPE 12104), the European judge erred in the applicants' favour. It notes that the substitution of the licence fee by an audiovisual contribution does not substantially change the financing regime for public service broadcasting in Germany. It was therefore not necessary to notify it to the Commission as an amendment to State aid qualified as existing since 2007 within the meaning of Regulation 659/1999.
According to the Court, the objective of the replacement is to simplify the conditions for collecting the audiovisual contribution in a context of technological change. And it has not led to a substantial increase in the compensation received by broadcasters to offset the costs of their public service mission.
In addition, the Court is of the opinion that the European State aid rules do not preclude a public broadcaster from being entitled to enforce unpaid claims in respect of the audiovisual contribution itself. (Original version in French by Mathieu Bion)