CASE COMMENTS: STATE AID - NOTION OF AID - DIGITAL TERRESTRIAL TELEVISION - BURDEN OF PROOF OF COMPATIBILITY OF A STATE AID - COMPENSATION FOR PUBLIC SERVICE OBLIGATIONS (NO) - CULTURAL AID - LEGITIMATE EXPECTATIONS (NO)

Burden of proof of an error of the Commission: The CFI dismisses an application lodged by a private broadcaster against a decision concerning State aid measure in favour of the transition from analogue to digital terrestrial television. It confirms that the applicant bears the burden of proof to demonstrate a manifest error by the Commission in the analysis of the compatibility of a State aid and that this burden is particularly difficult to discharge (FAB)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CFI, 6 October 2009, FAB v Commission, Case T-8/06 This case concerns the same decision as the one contested in the case commented on above. T-21/06, but the appeal brought by FAB, while containing more pleas in law than that of Germany, was much weaker than the latter. The applicant, FAB, is one of the private broadcasters which benefited from the State aid granted in the Berlin-Brandenburg region to private broadcasters for the financing of the switchover from analogue to digital terrestrial television ('DTT'), which was declared incompatible with the common market by the Commission's decision of 9 November 2005. FAB put forward five pleas in law in

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  • European Commission - Legal Service (Brussels)

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Bruno Stromsky, Burden of proof of an error of the Commission: The CFI dismisses an application lodged by a private broadcaster against a decision concerning State aid measure in favour of the transition from analogue to digital terrestrial television. It confirms that the applicant bears the burden of proof to demonstrate a manifest error by the Commission in the analysis of the compatibility of a State aid and that this burden is particularly difficult to discharge (FAB), 6 October 2010, Concurrences N° 1-2010, Art. N° 30328, pp. 137-138

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