CELEX: 62009CA0544
Language: en
Date: 2011-09-15 00:00:00
Title: Case C-544/09 P: Judgment of the Court (Sixth Chamber) of 15 September 2011 — Federal Republic of Germany v European Commission (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)

29.10.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 319/5
            
         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)
   2011/C 319/07
   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.