Judgment of the Court (Sixth Chamber) of 15 September 2011 - Germany v
   Commission

   (Case C-544/09 P)

   Appeal - State aid - Introduction of digital terrestrial television in
   the Berlin-Brandenburg region - Article 87(3)(c) EC - Market failure -
   Proportionality - Technological neutrality - Incentive effect

   1.                     State aid - Compatibility of aid with the common
   market - Aid bringing about improvement in the financial situation of
   the recipient undertaking without being necessary in order for the aims
   laid down in Article 87(3) EC to be attained - None - Public funding of
   the move to terrestrial digital television - Assessment of the
   criterion of necessity (Art. 87(3) EC) (see paras 44, 46-48)

   2.                     Appeals - Grounds - Plea submitted for the first
   time in the context of the appeal - Inadmissibility (see para. 63)

   3.                     State aid - Prohibited - Derogations - Aid
   eligible for the derogation laid down in Article 87(3)(c) EC -
   Conditions - Transition from analogue to digital broadcasting -
   Condition of technological neutrality - Assessment (Art. 87(3)(c) EC;
   Commission notice COM(2003) 541 final) (see paras 77, 79-81)

   Re:

   Appeal against the judgment of the Court of First Instance (Seventh
   Chamber) of 6 October 2009 in Case T-21/06 Germany v Commission by
   which that court dismissed the action 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 in Berlin-Brandenburg (OJ 2006 L 200,
   p. 14) - Infringement of Article 107(3)(c) TFEU.

   Operative part

   The Court:

   1.

   Dismisses the appeal;

   2.

   Orders the Federal Republic of Germany to pay the costs.