2008/680/EC: Commission Decision of 23 October 2007 on the State aid scheme C 33/06 (ex N 576/04) which Germany intended to implement for the introduction of digital terrestrial television in Bavaria (notified under document number C(2007) 5094) (Text with EEA relevance)
Date: 2007-10-23
Institutions: European Commission
Subjects: Bavaria, Germany, State aid, broadcasting, control of State aid, high-definition television

20.8.2008

EN

Official Journal of the European Union

L 222/5

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 23 October 2007

on the State aid scheme C 33/06 (ex N 576/04) which Germany intended to implement for the
introduction of digital terrestrial television in Bavaria

(notified under document number C(2007) 5094)

(Only the German version is authentic)

(Text with EEA relevance)

(2008/680/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

the transmission costs of commercial television broad­
casters using the digital terrestrial platform.

Having regard to the Treaty
Community,
and in particular
Article 88(2) thereof,

establishing the European
subparagraph of
the

first

(2)

Having regard to the Agreement on the European Economic
Area, and in particular Article 62(1)(a) thereof,

Having called on interested parties to submit their comments
pursuant to those provisions (1),

Whereas:

I. PROCEDURE

(1)

letter

of 8 December 2004,

By
on
10 December 2004, Germany notified the Commission
in accordance with Article 88(3) of the EC Treaty of a
measure concerning the financing of the rollout of digital
terrestrial television in Bavaria by means of a subsidy for

registered

(1) OJ C 202, 25.8.2006, p. 18, State aid C 33/06 (ex N 576/04) —
Introduction of digital terrestrial television (DVB-T) in Bavaria —
Invitation to submit comments pursuant to Article 88(2) of the
EC Treaty.

(3)

(4)

By letter of 31 January 2005, the Commission requested
information to which Germany replied, after
additional
extension of the deadline, by letter of 22 March 2005,
registered on the same day. A further request for infor­
mation was sent on 20 May 2005 to which Germany
replied by letter of 16 June 2005, registered on 24 June
2005. The measure had similarities to the public funding
of digital
television in Berlin-Brandenburg
where
the Commission initiated the procedure on
14 July 2004 and adopted a final decision declaring
the aid incompatible with the Common Market on
9 November 2005 (2).

terrestrial

In view of the similarities between the two cases, the
Commission and Germany agreed to suspend the notifi­
cation procedure in the present case in order to allow the
authorities to assess the consequences of the Berlin-Bran­
denburg decision for the present case.

By letter of 12 April 2006, the Commission requested
Germany to determine its position in the notification
procedure referred to in recital 2 within one month. By
informed the
letter of 12 May 2006, Germany

(2) OJ L 200, 22.7.2006, p. 14.

L 222/6

EN

Official Journal of the European Union

20.8.2008

the

small modification of

change
announced a

Commission that it did not intend to withdraw or funda­
notified measure. Germany,
mentally
however,
the
Bavarian notification which it, eventually, submitted by
letter of 19 May 2006. The modification introduced a
distinction between the subsidies granted to local tele­
vision channels and those granted to the national tele­
vision channels. By letter dated 19 July 2006, C(2006)
3175 final, the Commission informed Germany that it
had decided to initiate the procedure laid down in
Article 88(2) of the EC Treaty in view of the doubts
about
the measure with the EC
Treaty.

the compatibility of

(5)

(6)

(7)

The Commission decision to initiate the procedure was
published in the Official Journal of the European Union (1).
The Commission called on interested parties to submit
their comments.

Germany submitted its observation by letter registered on
2 October 2006. Comments on the opening were
submitted by ESOA (European Satellite Operators Asso­
ciation) on 22 September 2006, ANGA (Verband Privater
Kabelnetzbetreiber
on 22 September 2006,
Deutscher Kabelverband on 26 September 2006 and
ProSiebenSat.1 on 26 September 2006.

e.V.)

Following further exchanges of information between the
Commission and the German authorities, Germany
informed the Commission by letter of 11 July 2007,
registered on 17 July 2007, that the notified measure
was no longer pursued, the notification was withdrawn
and that only de minimis aid pursuant to Commission
Regulation (EC) No 1998/2006 of 15 December 2006
on the application of Articles 87 and 88 of the Treaty to
de minimis aid (2) was granted to three local commercial
broadcasters in Bavaria.

II. DESCRIPTION OF THE MEASURE

(8)

The objective of the measure was to support the intro­
television in Bavaria by
duction of digital

terrestrial

means of a subsidy for
commercial television broadcasters (3).

the transmission costs of

III. COMMENTS FROM GERMANY

(9)

The German authorities, in the letter dated 11 July 2007,
informed the Commission that the notified measure has
not been implemented and that it is withdrawn.

IV. ASSESSMENT

(10) After the withdrawal of the notification, the procedure

no longer has any relevance.

V. CONCLUSION

(11)

Therefore,
the Commission has decided to close the
procedure laid down in Article 88(2) of the EC Treaty
on the ground that it is without object, recording the
withdrawal of the measure by Germany,

HAS ADOPTED THIS DECISION:

Article 1

After the withdrawal by Germany of the notified measure, the
become without object. The
present proceedings have
Commission has thus decided to close the procedure laid
down in Article 88(2) of the EC Treaty.

Article 2

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 23 October 2007.

For the Commission

Neelie KROES
Member of the Commission

(1) OJ C 202, 25.8.2006, p. 18, State aid C 33/06 (ex N 576/04) —
Introduction of digital terrestrial television (DVB-T) in Bavaria —
Invitation to submit comments pursuant to Article 88(2) of the
EC Treaty.

(2) OJ L 379, 28.12.2006, p. 5.

(3) For a detailed description of the measure, reference is made to the

decision to initiate the procedure.