21.11.2009   

EN

Official Journal of the European Union

C 282/39


Judgment of the Court of First Instance of 6 October 2009 — Germany v Commission

(Case T-21/06) (1)

(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)

2009/C 282/72

Language of the case: German

Parties

Applicant: Federal Republic of Germany (represented by: M. Lumma and C. Schulze-Bahr, Agents, assisted by G. Quardt, lawyer)

Defendant: Commission of the European Communities (represented by: H. van Vliet and K. Gross, Agents)

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 of the judgment

The Court:

1.

Dismisses the action;

2.

Orders the Federal Republic of Germany to pay the costs.


(1)  OJ C 86, of 8.4.2006.