Czech DVB-T2 aid declared illegal: what it means for the audiovisual sector

Key data

Czech terrestrial television network operators and broadcasters who received public funds for the technological transition to the DVB-T2/HEVC standard now face the obligation to return those aids. The European Commission, through Decision (EU) 2026/962, adopted on 22 December 2025 and published on 30 April 2026, has concluded that measure SA.64153 implemented by Czech Republic is incompatible with the internal market of the European Union.

The decision is not a warning or notice: it is a firm negative resolution that activates the obligation to recover the aids. For the European audiovisual sector, the case transcends Czech borders and establishes the limits that the EU imposes on any Member State wishing to subsidize the modernization of its terrestrial broadcasting network.

What does this regulation establish?

The European Commission has adopted a negative decision on the state aid measure implemented by Czech Republic to finance the simultaneous transmission —known as simulcast— of terrestrial television in the DVB-T2/HEVC standard.

Simulcast consists of broadcasting the same television content simultaneously in both the old standard and the new DVB-T2/HEVC during a period of technological transition. Czech Republic financed this operation with public funds to facilitate the technological migration of its terrestrial broadcasting network.

The Commission concludes that this public financing distorts competition between television distribution platform operators: terrestrial television operators received an economic advantage that was not available to other competitors in the audiovisual market (cable, satellite, IPTV). That distortion makes the aid incompatible with the EU internal market.

The direct consequences of the decision are:

• Measure SA.64153 is formally declared incompatible with the internal market.
• Czech Republic is obliged to recover the aids granted from the beneficiaries.
• A regulatory precedent is established for the entire EU on the limits of subsidies for terrestrial broadcasting infrastructure.

Economic and operational impact

The immediate economic impact falls on Czech terrestrial television network operators and broadcasters who received funds under measure SA.64153. These actors must return the amounts received, plus the corresponding interest established by EU state aid recovery regulations.

Beyond the Czech case, the operational and strategic impact extends to the entire European audiovisual sector:

• Terrestrial television operators in other EU countries planning or implementing similar technological transitions must review whether their public financing models are compatible with state aid rules.
• Governments and administrations considering subsidizing the modernization of terrestrial broadcasting networks must notify the Commission in advance and obtain authorization before implementing any aid measure.
• Competitors from other platforms (cable, satellite, IPTV) who have seen competition distorted in the Czech market may have grounds to claim compensation in national proceedings.

The decision is also relevant to the European debate on financing terrestrial television as a service of general interest, as it defines how far public support can go without violating single market rules.

Who does it affect?

• Czech terrestrial television network operators who received funds from measure SA.64153 for DVB-T2/HEVC simulcast: they are obliged to return the aids.
• Czech broadcasters benefiting from the same measure: same recovery obligation.
• Terrestrial television operators in other EU Member States undergoing similar technological transition processes: they must review the compatibility of their public financing schemes.
• European public administrations planning aids for modernization of broadcasting infrastructure: the decision marks the limits of what is permitted.
• Competitors from other platforms (cable, satellite, IPTV) in markets where similar aids have been granted: they can extract arguments from this decision for claim proceedings.
• Legal advisors and consultants in the audiovisual sector advising clients on state aid matters and broadcasting infrastructure financing.

Practical example

Imagine a Czech terrestrial television network operator that received public funds under measure SA.64153 to cover the costs of DVB-T2/HEVC simulcast during the technological transition period. Thanks to that aid, it was able to broadcast simultaneously in the old standard and in DVB-T2/HEVC without fully assuming the cost of that parallel operation.

With Decision (EU) 2026/962, that operator must return all the funds received, plus interest calculated from the date the aid was received. It cannot argue that the aid was notified by Czech Republic (the measure was notified as 2021/N), because the Commission has concluded that, regardless of notification, the measure is incompatible with the internal market.

This scenario also illustrates the risk for operators in other countries: if a Member State finances the simulcast of its terrestrial network without prior Commission authorization —or even with notification but without a favorable decision—, the beneficiaries are exposed to the same repayment obligation.

What should companies do now?

1. If you are a Czech operator or broadcaster benefiting from measure SA.64153: precisely identify the amounts received under this aid and contact legal advisors specialized in state aid to manage the repayment process and calculate applicable interest.
2. If you are a terrestrial television operator in another EU Member State with technological transition plans financed with public funds: review whether your aid scheme has been notified and authorized by the European Commission. An aid executed without prior authorization may result in the same recovery obligation.
3. If you are a legal advisor or consultant in the audiovisual sector: incorporate this decision as a reference in state aid compatibility analyses for clients in the terrestrial broadcasting sector. Decision (EU) 2026/962 is now the reference case in this matter.
4. If you are a competitor from alternative platforms (cable, satellite, IPTV) in markets where similar aids have been granted: assess with your advisors whether there are grounds to claim before national competition authorities or the European Commission itself.
5. Monitor case developments: the recovery obligation involves national proceedings in Czech Republic that may generate additional jurisprudence relevant to the European audiovisual sector.