29.10.2011   

EN

Official Journal of the European Union

C 319/5


Judgment of the Court (Sixth Chamber) of 15 September 2011 — Federal Republic of Germany v European Commission

(Case C-544/09 P) (1)

(Appeal - State aid - Introduction of digital terrestrial television in the Berlin-Brandenburg region - Article 87(3)(c) EC - Market failure - Proportionality - Technological neutrality - Incentive effect)

2011/C 319/07

Language of the case: German

Parties

Appellant: Federal Republic of Germany (represented by: M. Lumma, J. Möller and B. Klein, acting as Agents)

Other party to the proceedings: European Commission (represented by: H. van Vliet and K. Gross, acting as Agents)

Re:

Appeal against the judgment of the Court of First Instance (Seventh Chamber) of 6 October 2009 in Case T-21/06 Germany v Commission by which the Court dismissed the action 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 in Berlin-Brandenburg (OJ 2006 L 200, p. 14) — Infringement of Article 107(3)(c) TFEU

Operative part of the judgment

The Court:

1.

Dismisses the appeal;

2.

Orders the Federal Republic of Germany to pay the costs.


(1)  OJ C 51, 27.2.2010.