The General Court confirms case law on admissibility for direct actions in Czech DTT licence extensions cases
The General Court has dismissed the joined actions (T‑362/21 and T‑363/21) brought by Czech satellite television provider Telly s.r.o. and the trade association Česká asociace satelitních operátorů (ČASO) against the Commission’s 2021 decision (SA.55805) finding that the Czech Republic’s extension of digital terrestrial television (DTT) licences until 2030 did not involve State aid within the meaning of Article 107(1) TFEU.
The Court held that the applicants failed to meet the admissibility requirements under Article 263(4) TFEU, as they were not individually concerned by the contested decision. In particular, they did not demonstrate that the licence extension had a substantial adverse effect on their position in the Czech television broadcasting market. While the applicants alleged competitive harm from the extension of free-to-air broadcasting licences without tender, the Court found no evidence of a causal link or quantifiable commercial disadvantage and rejected general references to the principle of technological neutrality. As complainants, the applicants could not rely solely on their status as competitors or on general market developments to establish standing.
The Court further rejected the claim that the contested act was a non-legislative regulatory act within the meaning of the third limb of Article 263(4) TFEU, concluding that the national measure required further implementing decisions by the Czech telecoms authority and was not of general application.
You can read the full judgment here.