Judgment of the Court (Sixth Chamber) of 15 September 2011.#Federal Republic of Germany v European Commission.#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.#Case C-544/09 P.

Subject of the case

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

Operative part

The Court:

1. Dismisses the appeal;

2. Orders the Federal Republic of Germany to pay the costs.