State aid Action for annulment Decision declaring the aid incompatible with the common market and ordering its recovery Meaning of State Aid State resources Legitimate expectations Brandenburg Digital terrestrial television Aid granted by the German authorities to broadcasters which use the digital terrestrial television network (DVB T) in Berlin Compensation for discharging public service obligations Aid intended to promote culture
Sumário
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.
Texto da decisão
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. |