CELEX: 62006TJ0021
Language: en
Date: 2009-10-06
Title: Judgment of the Court of First Instance (Seventh Chamber) of 6 October 2009. # Federal Republic of Germany 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 - Principles of sound administration and proportionality - Rights of the defence. # Case T-21/06.

Judgment of the Court of First Instance (Seventh Chamber) of 6 October 2009 – Germany v Commission
      (Case T-21/06)
      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 – Principles of sound administration and proportionality – Rights of the defence
      
      1.                     State aid – Prohibition – Exceptions – Discretion of the Commission – Judicial review – Limits – Possibility of adopting guidelines
            (Art. 87(3) EC) (see paras 50-51)
      2.                     State aid – Examination by the Commission – Discretion of the Commission – Principle of sound administration – Rights of the
            defence (see paras 77-79)
      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 the Federal Republic of Germany to pay the costs.