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;

   2.

   Orders Medienanstalt Berlin-Brandenburg (MABB) to pay the costs.