Judgment_paragraph 72 · Métropole télévision (M6) and Télévision française 1 SA (TF1) v European Commission (T-568/08, T-573/08)

72It must be stated, however, that, contrary to what TF1 maintains, the cause of the present action would not have prevented it, if it had wished, from contesting the amount of the additional net costs estimated by the Commission for 2008. Indeed, according to the case-law, the fact that the Court cannot, when there is a serious difficulty and having regard to the exclusive jurisdiction of the Commission to assess the compatibility of State aid with the common market, substitute its assessment for that of the Commission, does not preclude the right of the interested parties to raise, in support of an action for annulment seeking protection of their procedural rights, arguments challenging the compatibility of the aid, those arguments to be assessed by the Court in the light of the existence of a serious difficulty (see to this effect the judgments in Case T-158/99 Thermenhotel Stoiser Franz and Others v Commission [2004] ECR II-1, paragraph 91; Case T-475/04 Bouygues and Bouygues Télécom v Commission [2007] ECR II-2097, paragraph 93; of 20 September 2007 in Case T-375/03 Fachvereinigung Mineralfaserindustrie v Commission, not published in the ECR, paragraph 67; and Case T-289/03 BUPA and Others v Commission [2008] ECR II-81, paragraph 333.

Métropole télévision (M6) and Télévision française 1 SA (TF1) v European Commission (T-568/08, T-573/08)

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