Official Journal of the European Union

(Case C-333/07) (<span class="super">1</span>)

(State aid - Aid scheme to support local radio stations - Financed by a parafiscal charge on advertising companies - Favourable decision by the Commission at the conclusion of the preliminary stage of the review procedure under Article 93(3) of the EC Treaty (now Article 88(3) EC) - Aid that may be compatible with the common market - Article 92(3) of the EC Treaty (now, after amendment, Article 87(3) EC) - Decision challenged on the ground that it is unlawful - Obligation to state the reasons on which the decision is based - Assessment of the facts - Whether the parafiscal charge is compatible with the EC Treaty)

(2009/C 44/22)

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: Régie Networks

Defendant: Direction de Contrôle Fiscal Rhône-Alpes Bourgogne

Re:

Reference for a preliminary ruling — Cour Administrative d'Appel de Lyon — Validity of Commission Decision No N 679/97 of 10 November 1997 by which the Commission decided not to raise any objections to amendments made to the radio broadcasting aid scheme introduced by Decree 92-1053 of 30 September 1992 (JORF No 228 of 1 October 1992) (SG(97) D/9265) — Parafiscal charge on advertisements broadcast on sound radio and television in French territory, the revenue from which is allocated to a fund to support radio broadcasting — Aid scheme which benefits only national undertakings — Applicability to that scheme — and to the charge which funds it — of the exception provided for in Article 87(3)(c) EC

Operative part of the judgment

The decision of the Commission of the European Communities of 10 November 1997 not to raise any objections to the new version of an aid scheme to support local radio stations (State aid No N 679/97 — France) is invalid.

The effects of the declaration that that decision of the Commission of the European Communities of 10 November 1997 is invalid are suspended pending the adoption of a new decision by the Commission under Article 88 EC. Those effects are to be preserved for a period not exceeding two months from the date of delivery of this judgment if the Commission decides to adopt such a new decision under Article 88(3) EC, and for a reasonable further period if the Commission decides to initiate the procedure under Article 88(2) EC. Only undertakings which, prior to the date of delivery of this judgment, brought legal proceedings or made an equivalent complaint regarding the levying of the parafiscal charge on advertising broadcast by sound radio or television, established by Article 1 of Decree No 97-1263 of 29 December 1997 creating a parafiscal charge for the benefit of a fund to support radio broadcasting, are excluded from the temporal limitation of the effects of this judgment.

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(<span class="super">1</span>) OJ C 211, 8.9.2007.