CELEX: 62009CJ0544
Language: en
Date: 2011-09-15
Title: 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. # Case C-544/09 P.

Judgment of the Court (Sixth Chamber) of 15 September 2011 – Germany v Commission
      (Case C-544/09 P)
      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
      1.                     State aid – Compatibility of aid with the common market – Aid bringing about improvement in the financial situation of the
            recipient undertaking without being necessary in order for the aims laid down in Article 87(3) EC to be attained – None –
            Public funding of the move to terrestrial digital television – Assessment of the criterion of necessity (Art. 87(3) EC) (see
            paras 44, 46-48)
      2.                     Appeals – Grounds – Plea submitted for the first time in the context of the appeal – Inadmissibility (see para. 63)
      3.                     State aid – Prohibited – Derogations – Aid eligible for the derogation laid down in Article 87(3)(c) EC – Conditions – Transition
            from analogue to digital broadcasting – Condition of technological neutrality – Assessment (Art. 87(3)(c) EC; Commission notice
            COM(2003) 541 final) (see paras 77, 79-81)
      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 that 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
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the appeal; 
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Federal Republic of Germany to pay the costs.