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Judgment of the Court (Sixth Chamber) of 15 September 2011. # Federal Republic of Germany v European Commission. # 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. # Case C-544/09 P.
ECLI:EU:C:2011:584
62009CJ0544
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(Case C-544/09 P)
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
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 that 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
The Court:
1.Dismisses the appeal;
2.Orders the Federal Republic of Germany to pay the costs.