Order of the Court of First Instance (Seventh Chamber) of 5 October 2009 – Landesanstalt für Medien Nordrhein-Westfalen v Commission

(Case T-2/08)

Action for annulment – State aid – Not individually concerned – 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 31, 38, 42)

Re:

APPLICATION for annulment of Commission Decision 2008/708/EC of 23 October 2007 on the State aid C 34/06 (ex N 29/05, ex CP 13/04) which the Federal Republic of Germany is planning to implement for the introduction of digital terrestrial television (DVB-T) in North Rhine-Westphalia (OJ 2008 L 236, p. 10).

Operative part

1.

The action is dismissed as inadmissible.

2.

The Landesanstalt für Medien Nordrhein-Westfalen is ordered to bear its own costs and to pay those incurred by the Commission of the European Communities.

3.

The Federal Republic of Germany is ordered to bear its own costs.