Official Journal of the European Union

C 263/5

(Case C-704/19) (<span class="oj-super oj-note-tag">1</span>)

(Failure of a Member State to fulfil obligations - State aid - Aid for the deployment of digital terrestrial television in remote and less urbanised areas of the Comunidad Autónoma de Castilla-La Mancha (Autonomous Community of Castilla-La Mancha, Spain) - Decision (EU) 2016/1385 - Aid which is unlawful and incompatible with the internal market - Failure to comply within the time limit)

(2021/C 263/06)

Language of the case: Spanish

Parties

Applicant: European Commission (represented by: B. Stromsky, P. Arenas and P. Němečková, acting as Agents)

Defendant: Kingdom of Spain (represented by: S. Jiménez García, acting as Agent)

Operative part of the judgment

The Court:

1.Declares that, by failing to take, within the prescribed time limit, all the measures necessary to recover from Telecom Castilla-La Mancha SA the State aid declared unlawful and incompatible with the internal market by Article 1 of Commission Decision (EU) 2016/1385 of 1 October 2014 on State aid SA.27408 (C 24/10) (ex NN 37/10, ex CP 19/09) implemented by the authorities of Castilla-La Mancha for the deployment of digital terrestrial television in remote and less urbanised areas, by failing to demonstrate that all outstanding payments of that aid have been cancelled and by failing to notify the European Commission, within the prescribed time limit, of the measures taken to comply with that decision, the Kingdom of Spain has failed to fulfil its obligations under the fourth paragraph of Article 288 TFEU and Articles 3 and 4 of that decision

2.Orders the Kingdom of Spain to pay the costs.

(<span class="oj-super">1</span>) OJ C 413, 9.12.2019.