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Case T-715/21: Judgment of the General Court of 2 July 2025 – Cellnex Telecom and Retevisión I v Commission (State aid – Digital television – Aid for the deployment of DTT in remote and less urbanised areas (outside Castilla-La Mancha) – Decision declaring the aid unlawful and incompatible with the internal market – Decision to initiate the formal investigation procedure – Article 6(1) of Regulation (EU) 2015/1589 – Procedural rights of interested parties – Rights of the defence – Selectivity – Burden of proof)
ECLI:EU:UNKNOWN:62021TA0715
62021TA0715
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Official Journal of the European Union
C series
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C/2025/4443
18.8.2025
(Case T-715/21)
(State aid - Digital television - Aid for the deployment of DTT in remote and less urbanised areas (outside Castilla-La Mancha) - Decision declaring the aid unlawful and incompatible with the internal market - Decision to initiate the formal investigation procedure - Article 6(1) of Regulation (EU) 2015/1589 - Procedural rights of interested parties - Rights of the defence - Selectivity - Burden of proof)
(C/2025/4443)
Language of the case: Spanish
Applicants: Cellnex Telecom, SA (Madrid, Spain), Retevisión I, SA (Madrid) (represented by: A. Lamadrid de Pablo and N. Bayón Fernández, lawyers)
Defendant: European Commission (represented by: P. Němečková, B. Stromsky and J. Carpi Badía, Agents)
Intervener in support of the defendant: SES Astra SA (Betzdorf, Luxembourg) (represented by: A. Creus Carreras, lawyer)
Re:
By their action under Article 263 TFEU, the applicants seek the annulment of Commission Decision (EU) 2021/2034 of 10 June 2021 on the State aid SA.28599 (C 23/2010) (ex NN 36/2010, ex CP 163/2009) implemented by Spain for the deployment of digital terrestrial television in remote and less urbanised areas (outside Castilla-La Mancha) (OJ 2021 L 417, p. 1).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Cellnex Telecom, SA and Retevisión I, SA to bear their own costs and to pay those incurred by the European Commission and SES Astra SA.
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OJ C 37, 24.1.2022.
ELI: http://data.europa.eu/eli/C/2025/4443/oj
ISSN 1977-091X (electronic edition)
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