Article 1
The State Aid which the Federal Republic of Germany has implemented for the introduction of digital terrestrial broadcasting in Berlin-Brandenburg and granted to the commercial broadcasters present on DVB-T is incompatible with the common market.
Article 2
1
The Federal Republic of Germany shall take all necessary measures to recover from the beneficiaries the aid referred to in Article 1 and unlawfully made available to the beneficiaries.
2
Recovery shall be effected without delay and in accordance with the procedures of national law provided that they allow the immediate and effective execution of the decision. The aid to be recovered shall include interest from the date on which it was at the disposal of the beneficiaries until the date of its recovery.
3
The interest to be recovered under paragraph 2 shall be calculated in accordance with the procedure laid down in Articles 9 and 11 of Commission Regulation (EC) No 794/200490. Interest shall be calculated on the basis of the reference rate used for calculating the grant-equivalent of regional aid.
4
Within two months of the notification of the present decision, the Federal Republic of Germany shall enjoin all beneficiaries referred to in Article 1 to reimburse the unlawful and incompatible aid and the interests due.
Article 3
The Federal Republic of Germany shall inform the Commission, within two months of notification of this Decision, of the measures already taken and planned to comply with it. It will provide this information using the questionnaire attached in the Annex of this Decision. The Federal Republic of Germany shall submit within the same period of time, all documents giving evidence that the recovery proceedings have been initiated against the beneficiaries of the unlawfully granted and incompatible aid.
Article 4
This Decision is addressed to the Federal Republic of Germany.
Done at Brussels, 9 November 2005.
For the Commission
Neelie Kroes
Member of the Commission