Judgment of the General Court of 16 December 2010 -Netherlands v Commission

(Joined Cases T-231/06 and T-237/06) ¹

(State aid - Public service broadcasting -Measures taken by the Netherlands authorities - Decision declaring State aid compatible in part and incompatible in part with the common market - New aid or existing aid - Concept of State aid - Concept of undertaking - Overcompensation for the costs of the public service mission - Proportionality - Duty to give reasons - Rights of the defence)

Language of the case: Dutch

Parties

Applicants: Kingdom of the Netherlands (represented by: H. Sevenster and M. de Grave, Agents) (Case T-231/06); and Nederlandse Omroep Stichting (NOS) (Hilversum, Netherlands) (represented by: J. Feenstra and H. Speyart van Woerden, lawyers)

Defendant: European Commission (represented by: N. Khan and H. van Vliet, Agents)

Re:

Applications for the annulment of Commission Decision 2008/136/EC of 22 June 2006 on the ad hoc financing of Dutch public service broadcasters C 2/2004 (ex NN 170/2003) (OJ 2008 L 49, p. 1)

Operative part of the judgment

The Court:

dismisses the actions;

orders the Kingdom of the Netherlands to pay the costs in Case T-231/06;

orders Nederlandse Omroep Stichting (NOS) to pay the costs in Case T-237/06.

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¹ - OJ C 261, of 28.10.2006.