Case C-333/07: Judgment of the Court (Grand Chamber) of 22 December 2008 (reference for a preliminary ruling from the Cour Administrative d'Appel de Lyon — France) — Régie Networks v Direction de Contrôle Fiscal Rhône-Alpes Bourgogne (State aid — Aid scheme to support local radio stations — Financed by a parafiscal charge on advertising companies — Favourable decision by the Commission at the conclusion of the preliminary stage of the review procedure under Article 93(3) of the EC Treaty (now Article 88(3) EC) — Aid that may be compatible with the common market — Article 92(3) of the EC Treaty (now, after amendment, Article 87(3) EC) — Decision challenged on the ground that it is unlawful — Obligation to state the reasons on which the decision is based — Assessment of the facts — Whether the parafiscal charge is compatible with the EC Treaty)
Date: 2008-12-22
Institutions: Court of Justice
Subjects: State aid, accounting, audiovisual industry, broadcasting, interpretation of the law, tax, tax system

C 44/14

EN

Official Journal of the European Union

21.2.2009

Judgment of the Court (Grand Chamber) of 22 December
2008 (reference for a preliminary ruling from the Cour
Administrative d'Appel de Lyon — France) — Régie
Networks v Direction de Contrôle Fiscal Rhône-Alpes
Bourgogne

(Case C-333/07) (1)

of

stage

(State aid — Aid scheme to support local radio stations —
Financed by a parafiscal charge on advertising companies —
Favourable decision by the Commission at the conclusion of
the preliminary
review procedure under
the
Article 93(3) of the EC Treaty (now Article 88(3) EC) — Aid
that may be
common market —
Article 92(3) of
the EC Treaty (now, after amendment,
Article 87(3) EC) — Decision challenged on the ground that
it is unlawful — Obligation to state the reasons on which the
decision is based — Assessment of the facts — Whether the
parafiscal charge is compatible with the EC Treaty)

compatible with the

(2009/C 44/22)

Language of the case: French

Referring court

Cour Administrative d'Appel de Lyon

Parties to the main proceedings

Applicant: Régie Networks

Defendant: Direction de Contrôle Fiscal Rhône-Alpes Bourgogne

Re:

Reference for a preliminary ruling — Cour Administrative
d'Appel de
Lyon — Validity of Commission Decision
No N 679/97 of 10 November 1997 by which the Commission
decided not to raise any objections to amendments made to the
radio broadcasting aid scheme introduced by Decree 92-1053
of 30 September 1992 (JORF No 228 of 1 October 1992)
(SG(97) D/9265) — Parafiscal charge on advertisements broad-
cast on sound radio and television in French territory,
the
revenue from which is allocated to a fund to support radio
broadcasting — Aid scheme which benefits only national under-
takings — Applicability to that scheme — and to the charge
which funds
in
Article 87(3)(c) EC

exception provided for

it — of

the

Operative part of the judgment

the Commission of

the European Communities of
The decision of
10 November 1997 not to raise any objections to the new version of
an aid scheme to support local radio stations (State aid No N 679/97
— France) is invalid.

The effects of the declaration that that decision of the Commission of
the European Communities of 10 November 1997 is invalid are
suspended pending the adoption of a new decision by the Commission

under Article 88 EC. Those effects are to be preserved for a period not
exceeding two months from the date of delivery of this judgment if the
Commission decides to adopt such a new decision under Article 88(3)
EC, and for a reasonable further period if the Commission decides to
initiate the procedure under Article 88(2) EC. Only undertakings
which, prior to the date of delivery of this judgment, brought legal
proceedings or made an equivalent complaint regarding the levying of
the parafiscal charge on advertising broadcast by sound radio or televi-
sion, established by Article 1 of Decree No 97-1263 of 29 December
1997 creating a parafiscal charge for the benefit of a fund to support
radio broadcasting, are excluded from the temporal limitation of the
effects of this judgment.

(1) OJ C 211, 8.9.2007.

Judgment of the Court (Fourth Chamber) of 22 December
2008 (reference for
a preliminary ruling from the
Verwaltungsgericht Hannover — Germany) — Kabel
Deutschland Vertrieb und Service GmbH & Co. KG v
privaten
Landesmedienanstalt
Niedersächsische
Rundfunk

für

(Case C-336/07) (1)

(Directive 2002/22/EC — Article 31(1) — Reasonable ‘must
carry’ obligations — National law requiring analogue cable
network operators to provide access to their cable networks to
all television programmes allowed to be broadcast terrestrially
— Principle of proportionality)

(2009/C 44/23)

Language of the case: German

Referring court

Verwaltungsgericht Hannover

Parties to the main proceedings

Applicant: Kabel Deutschland Vertrieb und Service GmbH & Co.
KG

Defendant: Niedersächsische Landesmedienanstalt
Rundfunk

für privaten

Intervening parties: Norddeutscher Rundfunk, Zweites Deutsches
Fernsehen, ARTE GEIE, Bloomberg LP, Mitteldeutscher Rund-
funk, MTV Networks Germany GmbH, successor in law to VIVA
Plus Fernsehen GmbH, VIVA Music Fernsehen GmbH & Co. KG,
MTV Networks Germany GmbH, successor in law to MTV
Networks GmbH & Co. oHG, Westdeutscher Rundfunk, RTL
Television GmbH, RTL II Fernsehen GmbH & Co. KG, VOX Film