CELEX: 62006TJ0008
Language: en
Date: 2009-10-06
Title: Judgment of the Court of First Instance (Seventh Chamber) of 6 October 2009. # FAB Fernsehen aus Berlin GmbH v Commission of the European Communities. # State aid - Digital terrestrial television - Aid granted by the German authorities to broadcasters which use the digital terrestrial television network (DVB-T) in Berlin-Brandenburg - Decision declaring the aid incompatible with the common market and ordering its recovery - Action for annulment - Meaning of State aid - State resources - Compensation for discharging public service obligations - Aid intended to promote culture - Legitimate expectations. # Case T-8/06.

Judgment of the Court of First Instance (Seventh Chamber) of 6 October 2009 – FAB v Commission
      (Case T-8/06)
      State aid – Digital terrestrial television – Aid granted by the German authorities to broadcasters which use the digital terrestrial television network (DVB-T) in Berlin-Brandenburg
         – Decision declaring the aid incompatible with the common market and ordering its recovery – Action for annulment – Meaning of State aid – State resources – Compensation for discharging public service obligations – Aid intended to promote culture – Legitimate expectations
      
      1.                     State aid – Concept – Aid granted to private broadcasters to facilitate the changeover to digital terrestrial television without
            a public tendering procedure or call for tenders– Included (Art. 87(1) EC) (see paras 48-58)
      2.                     Competition – Undertakings entrusted with the operation of services of general economic interest – Definition of services
            of general economic interest (Art. 86(2) EC) (see paras 63-64)
      3.                     State aid – Prohibition – Exceptions – Discretion of the Commission – Judicial review (Art. 87(3) EC) (see paras 77-78)
      4.                     State aid – Recovery of unlawful aid – Possible legitimate expectation on the part of the recipient(Art. 88 EC) (see paras 92-93)
      Re:
      
         
               APPLICATION 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 (DVB-T) in Berlin-Brandenburg (OJ 2006 L 200,
                  p. 14).
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders FAB Fernsehen aus Berlin GmbH to pay the costs.