Judgment of the Court (Sixth Chamber) of 15 September 2011 - Federal Republic of Germany v European Commission
(Case C-544/09 P) 1
(Appeal - State aid - Introduction of digital terrestrial television in the Berlin-Brandenburg region - Article 87(3)(c) EC - Market failure - Proportionality - Technological neutrality - Incentive effect)
Language of the case: German
Parties
Appellant: Federal Republic of Germany (represented by: M. Lumma, J. Möller and B. Klein, acting as Agents)
Other party to the proceedings: European Commission (represented by: H. van Vliet and K. Gross, acting as Agents)
Re:
Appeal against the judgment of the Court of First Instance (Seventh Chamber) of 6 October 2009 in Case T 21/06 Germany v Commission by which the Court dismissed the action for annulment of Commission Decision 2006/513/EC of 9 November 2005 on the State Aid which the Federal Republic of Germany has implemented for the introduction of digital terrestrial television in Berlin-Brandenburg (OJ 2006 L 200, p. 14) - Infringement of Article 107(3)(c) TFEU
Operative part of the judgment
The Court:
1.    Dismisses the appeal;
2.    Orders the Federal Republic of Germany to pay the costs.
____________
1 - OJ C 51, 27.2.2010.