Order of the Court (Sixth Chamber) of 9 June 2011 – TF1 v Commission

(Case C-451/10 P)

Appeal – State aid – Article 86(2) EC – Public service broadcasting – Decision not to raise objections – Proof – Economic efficiency of the undertaking

1. State aid – Planned aid – Examination by the Commission – Preliminary stage and stage involving the exchange of views and arguments – Compatibility of aid with the common market – Difficulties of assessment – Commission’s duty to open the inter partes procedure – Definition – Serious difficulties – Burden and extent of proof in the case of an action for annulment of the decision not to raise objections (Art. 88(2) and (3) EC; Council Regulation No 659/1999, Art. 4(3)) (see paras 47-50, 52)

2. Appeals – Operative part of the judgment justified by ground stated ex abundanti cautela – Rejection (see paras 62-63)

Re:

Operative part

1.The appeal is dismissed.

2.Télévision française 1 SA (TF1) is ordered to pay the costs.

3.Canal + and the French Republic are ordered to bear their own costs.