Judgment of the Court of First Instance (Seventh Chamber) of 6 October
   2009 - FAB v Commission

   (Case T-8/06)

   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 - Meaning of State aid - State resources -
   Compensation for discharging public service obligations - Aid intended
   to promote culture - Legitimate expectations

   1.                     State aid - Concept - Aid granted to private
   broadcasters to facilitate the changeover to digital terrestrial
   television without a public tendering procedure or call for tenders-
   Included (Art. 87(1) EC) (see paras 48-58)

   2.                     Competition - Undertakings entrusted with the
   operation of services of general economic interest - Definition of
   services of general economic interest (Art. 86(2) EC) (see paras 63-64)

   3.                     State aid - Prohibition - Exceptions -
   Discretion of the Commission - Judicial review (Art. 87(3) EC) (see
   paras 77-78)

   4.                     State aid - Recovery of unlawful aid - Possible
   legitimate expectation on the part of the recipient(Art. 88 EC) (see
   paras 92-93)

   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;

   2.

   Orders FAB Fernsehen aus Berlin GmbH to pay the costs.