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Case C-403/10 P: Judgment of the Court (Third Chamber) of 28 July 2011 — Mediaset SpA v European Commission, Sky Italia Srl (Appeal — Subsidies granted by the Italian Republic to promote the purchase of digital decoders — Non-inclusion of decoders for the reception solely of television programmes broadcast by satellite — Decision declaring the aid to be incompatible with the common market)

ECLI:EU:UNKNOWN:62010CA0403

62010CA0403

July 28, 2011
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Official Journal of the European Union

C 298/9

(Case C-403/10 P)(1)

(Appeal - Subsidies granted by the Italian Republic to promote the purchase of digital decoders - Non-inclusion of decoders for the reception solely of television programmes broadcast by satellite - Decision declaring the aid to be incompatible with the common market)

2011/C 298/17

Language of the case: English

Parties

Appellant: Mediaset SpA (represented by: K. Adamantopoulos, dikigoros, G. Rossi, avvocato, E. Petritsi, dikigoros)

Other parties to the proceedings: European Commission (represented by: B. Martenczuk and B. Stromsky, Agents), Sky Italia Srl (represented by: F. González Díaz, abogado and F. Salerno, avocat)

Re:

Appeal brought against the judgment of the General Court (Second Chamber) of 15 June 2010 in Case T-177/07 Mediaset SpA v Commission dismissing an action for the annulment in part of Commission Decision C(2006) 6634 final of 24 January 2007 declaring incompatible with the common market subsidies granted by Italy, in 2004 and 2005, to enable consumers to purchase or to rent interactive digital decoders capable of receiving programmes using digital or cable terrestrial technology on the ground that those subsidies exclude decoders capable of receiving programmes using satellite television broadcasting technology (Aid No C 52/2005, ex NN 88/2005, ex CP 101/2004)

Operative part of the judgment

The Court:

1.Dismisses the appeal;

2.Orders Mediaset SpA to bear its own costs and to pay the costs of the European Commission and of Sky Italia Srl.

(1) OJ C 301, 6.11.2010.

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