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Document 62006TJ0008
Summary of the Judgment
Summary of the Judgment
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’
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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) |
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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) |
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State aid — Prohibition — Exceptions — Discretion of the Commission — Judicial review (Art. 87(3) EC) (see paras 77, 78) |
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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:
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1. |
Dismisses the action; |
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2. |
Orders FAB Fernsehen aus Berlin GmbH to pay the costs. |