Order of the Court (Sixth Chamber) of 9 June 2011 – TF1 v Commission

(Case C-451/10 P)

Appeal – State aid – Article 86(2) EC – Public service broadcasting – Decision not to raise objections – Proof – Economic efficiency of the undertaking

1.                     State aid – Planned aid – Examination by the Commission – Preliminary stage and stage involving the exchange of views and arguments – Compatibility of aid with the common market – Difficulties of assessment – Commission’s duty to open the inter partes procedure – Definition – Serious difficulties – Burden and extent of proof in the case of an action for annulment of the decision not to raise objections (Art. 88(2) and (3) EC; Council Regulation No 659/1999, Art. 4(3)) (see paras 47-50, 52)

2.                     Appeals – Operative part of the judgment justified by ground stated ex abundanti cautela – Rejection (see paras 62-63)

Re:

Appeal brought against the judgment of General Court (Fifth Chamber) delivered on 1 July 2010 in Joined Cases T‑568/08 and T‑573/08

TF1 and M6

v

Commission

, by which that court dismissed the appellant’s action for annulment of Commission Decision C(2008) 3506 final of 16 July 2008 relating to the proposed grant, by the French Republic, of capital funding of EUR 150 million to France Télévisions SA – Infringement of the rules relating to the burden of proof and the taking of evidence – Infringement of Article 106(2) TFEU – Concept of ‘service of general economic interest’ – No serious difficulties.

Operative part

1.

The appeal is dismissed.

2.

Télévision française 1 SA (TF1) is ordered to pay the costs.

3.

Canal + and the French Republic are ordered to bear their own costs.