The opponents of the broadcasting fee have suffered on Thursday another defeat. After a ruling by the European court of justice, the financing model for ARD, ZDF and Germany radio. The contribution was not illegal state aid and is not contrary to EU law, stated the judges in Luxembourg (case C-492/17). Already, the Federal constitutional court had not objected to the contribution of the model is in principle in July, and the contribution model, under the Constitution, explains. People with two or more flats may be asked for this judgment is that, in the future, but only once to checkout.
The broadcasting fee is the main source of income for ARD, ZDF and Germany radio. 2017 eight billion euros came together, almost, currently, the fee is Euro 17.50 per household per month. Since 2013, the licence fee will be charged a flat rate for each apartment – no matter how many people live there and whether you have a TV or a Radio.
In this specific case, it concerned a dispute between the Südwestrundfunk (SWR), and several people that had not paid its Broadcasting fees. The SWR opened an enforcement of the arrears of claims, whereas the right of appeal stopped. In the second instance, with the procedures involved in the district court of Tübingen was of the opinion that the broadcasting contribution fee and the sovereign prerogatives of the public broadcaster for the recovery contrary to the law of the Union, and in particular the law of state aid, and submitted the case to the ECJ.
The judges in Luxembourg found that the replacement of the old broadcasting fee, which was payable per reception device, the new monthly contribution of 17,50 Euro per household with no significant Change to the financing represents arrangements for the system of public broadcasting in Germany. According to the EU legislation on state aid, it is not forbidden that States grant the public broadcasters from the General law, different powers allow you to conduct the enforcement of claims of arrears of Broadcasting fees. The judge also stressed that the new rules should help to simplify the collection of the broadcasting contribution. They would have “no significant increase in the remuneration received by the public broadcaster, to cover the costs associated with the pursuit of their public tasks”, – stated in the judgment.
ARD and ZDF, welcomed the judgment. According to the ARD Chairman Ulrich Wilhelm it could not have been clearer than it is. It “creates now also a European law of legal certainty”. Otherwise, the Tenor of the ZDF Director Thomas Bellut: “According to the decision of the Federal constitutional court in July, the broadcasting fee is protected in the European Union.”
From the Community
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Tabea Rössner, media policy spokeswoman of the Green Bundestag group, expanded the view angle. After the judgment was devoted to the topic, such as the public-legal broadcasting system reformed. The question of how the looks of public-legal order in today’s Online world-and how it can be fulfilled belongs, according to Rössner first and foremost. Several AfD politicians renewed their principle criticism of the System of “compulsory fees” and as to staatsnah perceived broadcasting. The Rhineland-Palatinate Minister President Malu Dreyer (SPD), which coordinates the media policy of the country, said that now it is necessary to make the offer of the Public service for the future.
