This document is an excerpt from the EUR-Lex website
Document 62006TJ0008
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 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 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.
European Court Reports 2009 II-00196*
ECLI identifier: ECLI:EU:T:2009:386
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. |