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.