Judgment of the Court of First Instance (Seventh Chamber) of 6 October 2009 – MABB v Commission
(Case T-24/06)
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 – Action for annulment – Not of individual concern – Inadmissibility
Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Commission decision finding aid to be incompatible with the common market – Action brought by an authority forming an integral part of the State, not having budgetary independence and subject to State control – Inadmissibility (Art. 230, fourth para., EC) (see paras 42, 50, 52-53)
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
The Court:
1
Dismisses the action as inadmissible;
Dismisses the action as inadmissible;
2
Orders Medienanstalt Berlin-Brandenburg (MABB) to pay the costs.
Orders Medienanstalt Berlin-Brandenburg (MABB) to pay the costs.