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Case C-544/09 P: 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)
ECLI:EU:UNKNOWN:62009CA0544
62009CA0544
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Valentina R., lawyer
29.10.2011
Official Journal of the European Union
C 319/5
(Case C-544/09 P) (<span class="super">1</span>)
(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.
(<span class="super">1</span>) OJ C 51, 27.2.2010.
* Language of the case: German