Case T-2/08: Action brought on 2 January 2008 — Landesanstalt für Medien Nordrhein-Westfalen v Commission
Date: 2008-01-02
Institutions: Court of First Instance
Subjects: European Commission, Germany, State aid, action for annulment (EU), control of State aid, redemption, telecommunications industry

C 64/54

EN

Official Journal of the European Union

8.3.2008

Action brought on 2 January 2008 — Landesanstalt für
Medien Nordrhein-Westfalen v Commission

Lastly, the applicant claims that the measure concerned is in any
event covered by the exception in Article 86(2) EC. It is also
submitted here that there was infringement of Article 253 EC.

(Case T-2/08)

(2008/C 64/86)

Language of the case: German

Action brought on 2 January 2008 — Coedo Suárez v
Council

Parties

Applicant: Landesanstalt für Medien Nordrhein-Westfalen (LfM)
(Düsseldorf, Germany) (represented by: A. Rosenfeld and G.-B.
Lehr, lawyers)

Defendant: Commission of the European Communities

(Case T-3/08)

(2008/C 64/87)

Language of the case: French

Form of order sought

Parties

— Annulment of Commission Decision C(2007) 5109 final of
23 October 2007 on the State Aid which the Federal
Republic of Germany wishes to grant for the introduction of
digital terrestrial television (DVB-T) in Nordrhein-Westfalen;

Applicant: Angel Coedo Suárez (Brussels, Belgium) (represented
by: S. Rodrigues and C. Bernard-Glanz, lawyers)

— the Commission to be ordered to pay the costs

Defendant: Council of the European Union

Pleas in law and main arguments

The applicant is challenging Commission Decision C (2007)
5109 final of 23 October 2007 on State aid C 34/2006 (ex
N 29/2005 and ex CP 13/2004),
in which the Commission
the State aid which the Federal Republic of
decided that
Germany wishes to grant to commercial service broadcasters in
the context of the introduction of digital terrestrial television in
Nordrhein-Westfalen, and which was notified to the Commis-
sion, is not compatible with the common market.

In support of its action the applicant submits, first, that the
contested decision infringes Article 87(1) EC as the measure was
wrongly found to amount to State aid. In this connection it is
also submitted that there was infringement of Article 253 EC.

is

In addition it
submitted that an unlawful method of
assessment was used in the context of the assessment under
Article 87(3)(c) EC. In that regard, the applicant also maintains
that there were errors of judgment and assessment and that
there was infringement of Article 253 EC.

As a result of errors of judgment and assessment it is further
submitted that there was infringement of Article 87(3)(b) and
(d) EC.

Form of order sought

— declare this application admissible;

— annul the Council's decision of 30 October 2007 in so far it
refuses to grant the applicant the access sought to several
Council documents relating to, and arising from, an incident
between the applicant and one of his colleagues on
19 February 2004 (minutes of internal meetings, investiga-
tion findings and a report of the security service);

— order the defendant to pay the costs.

Pleas in law and main arguments

By this action, the applicant seeks the annulment of the decision
of 30 October 2007, adopted by DG F of the General Secre-
tariat of
the European Union, rejecting his
formal request for access to documents relating to an incident
between the applicant and one of his colleagues.

the Council of