A German Administrative Court of appeal rules that a broadcasting tax that is part of an existing aid cannot be challenged before a national court unless the EC Commission demands its modification be suppressed pursuant to Art. 88.2 EC ("Rundfunkgebühr 1")

Brief description of the facts and legal issues The Baden-Württemberg administrative court of appeal holds that a tax payer, refusing to pay a radio tax, cannot base its claim upon an alleged infringement of EC State aid rules by the German radio financing system. This broadcasting tax is part of an existing aid and cannot be challenged before national courts as long as the European Commission has not requested its suppression or modification according to Article 88(2) EC (Rundfunkgebühr) Parties: The applicant: A citizen subject to a broadcasting tax The defendant: The authority responsible for the collection of broadcasting taxes (Gebühreneinzugszentrale) Factual background: The applicant is a German lawyer, registered at the German bar since October 1996 and working as an

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Rainer Wessely, Alix Müller-Rappard, A German Administrative Court of appeal rules that a broadcasting tax that is part of an existing aid cannot be challenged before a national court unless the EC Commission demands its modification be suppressed pursuant to Art. 88.2 EC ("Rundfunkgebühr 1"), 8 May 2008, e-Competitions Bulletin Economic assessment of damages, Art. N° 26923

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