Brussels, 15/09/2011 (Agence Europe) - The European Commission welcomed the ruling made by the EU Court of Justice on 15 September (Decision C-544/09 P) confirming its decision made in 2005 according to which subsidies granted by the Berlin-Brandebourg Region to private radio broadcasters as compensation for the costs incurred during the transition from analogue television to digital TV on the Hertzian network (TNT) were declared as illegal aid (see EUROPE 9066). The Court of Justice confirms that such aid can only be granted in full respect for the neutrality of the different technological platforms and that exceptions to this principle cannot be tolerated if the state member demonstrates that this aid constitutes an instrument for correcting market failure. This Commission decision had been validated in 2009 by a ruling made by the General Court (Decision T-21/06). (FG/transl.fl)