Judgment of the Court of First Instance (Seventh Chamber) of 6 October 2009.
FAB Fernsehen aus Berlin GmbH v Commission of the European Communities.
T-8/06 • 62006TJ0008 • ECLI:EU:T:2009:386
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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:
Operative part
The Court:
1.Dismisses the action;
2.Orders FAB Fernsehen aus Berlin GmbH to pay the costs.
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- State aid
- Action for annulment
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- Decision declaring the aid incompatible with the common market and ordering its recovery
- Digital terrestrial television
- Aid granted by the German authorities to broadcasters which use the digital terrestrial television network (DVB-T) in Berlin-Brandenburg
- Compensation for discharging public service obligations
- Aid intended to promote culture