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Joined Cases T-37/15 and T-38/15: Judgment of the General Court of 15 December 2016 — Abertis Telecom Terrestre and Telecom Castilla-La Mancha v Commission (State aid — Digital television — Aid for the deployment of digital terrestrial television in remote and less-urbanised areas of Castilla-La Mancha — Decision declaring the aid incompatible with the internal market — Concept of an undertaking — Economic activity — Advantage — Service of general economic interest — Distortion of competition — Article 107(3)(c) TFEU — New aid)
ECLI:EU:UNKNOWN:62015TA0037
62015TA0037
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Official Journal of the European Union
C 38/28
(Joined Cases T-37/15 and T-38/15)
((State aid - Digital television - Aid for the deployment of digital terrestrial television in remote and less-urbanised areas of Castilla-La Mancha - Decision declaring the aid incompatible with the internal market - Concept of an undertaking - Economic activity - Advantage - Service of general economic interest - Distortion of competition - Article 107(3)(c) TFEU - New aid))
(2017/C 038/37)
Language of the case: Spanish
Parties
Applicants: Abertis Telecom Terrestre, SA (Barcelona, Spain), Telecom Castilla-La Mancha, SA (Toledo, Spain) (represented by: initially, J. Buendía Sierra, A. Lamadrid de Pablo, A. Balcells Cartagena and M. Bolsa Ferruz, and subsequently J. Buendía Sierra, A. Lamadrid de Pablo and M. Bolsa Ferruz, lawyers)
Defendant: European Commission (represented by: É. Gippini Fournier, P. Němečková and B. Stromsky, acting as Agents)
Intervener in support of the defendant: SES Astra (Betzdorf, Luxembourg) (represented by: F. González Díaz, F. Salerno and V. Romero Algarra, lawyers)
Re:
Application based on Article 263 TFEU and seeking the annulment of Commission Decision C(2014) 6846 final of 1 October 2014 on State aid SA.27408 ((C 24/2010) (ex NN 37/2010, ex CP 19/2009)) implemented by the authorities of Castilla-La Mancha for the deployment of digital terrestrial television in remote and less urbanised areas of Castilla-La Mancha, as amended by Decision C(2015) 7193 final of 20 October 2015 correcting certain errors contained in Decision C(2014) 6846 final.
Operative part of the judgment
The Court:
1.Dismisses the actions;
2.Orders Abertis Telecom Terrestre, SA and Telecom Castilla-La Mancha, SA to bear their own costs and to pay those incurred by the European Commission and by SES Astra.
* * *
(1) OJ C 89, 16.3.2015.