State aid Rights of the defence Decision declaring the aid incompatible with the common market and ordering its recovery Brandenburg Digital terrestrial television Aid granted by the German authorities to broadcasters which use the digital terrestrial television network (DVB T) in Berlin Principles of sound administration and proportionality
Sumário
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.
Texto da decisão
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. |