Order of the Court of First Instance (Seventh Chamber) of 5 October 2009. – Landesanstalt für Medien Nordrhein-Westfalen v Commission of the European Communities.

Subject of the case

Re:

APPLICATION for annulment of Commission Decision 2008/708/EC of 23 October 2007 on the State aid C 34/06 (ex N 29/05, ex CP 13/04) which the Federal Republic of Germany is planning to implement for the introduction of digital terrestrial television (DVB-T) in North Rhine-Westphalia (OJ 2008 L 236, p. 10).

Operative part

1. The action is dismissed as inadmissible.

2. The Landesanstalt für Medien Nordrhein-Westfalen is ordered to bear its own costs and to pay those incurred by the Commission of the European Communities.

3. The Federal Republic of Germany is ordered to bear its own costs.