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

   (Case T-21/06)

   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 -
   Principles of sound administration and proportionality - Rights of the
   defence

   1.                     State aid - Prohibition - Exceptions -
   Discretion of the Commission - Judicial review - Limits - Possibility
   of adopting guidelines (Art. 87(3) EC) (see paras 50-51)

   2.                     State aid - Examination by the Commission -
   Discretion of the Commission - Principle of sound administration -
   Rights of the defence (see paras 77-79)

   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 the Federal Republic of Germany to pay the costs.