Official Journal of the European Union

C 197/20

(Case T-442/03) (1)

(State aid - Measures taken by the Portuguese Republic for the public service broadcaster RTP in order to finance its public service remit - Decision declaring that certain measures do not constitute State aid and that the others are compatible with the common market - Classification as State aid - Compatibility with the common market - Obligation to undertake a diligent and impartial investigation)

(2008/C 197/33)

Language of the case: Portuguese

Parties

Applicant: SIC — Sociedade Independente de Comunicação, SA (Carnaxide, Portugal) (represented by C. Botelho Moniz, E. Maia Cadete and M. Rosado da Fonseca, lawyers)

Defendant: Commission of the European Communities (represented initially by M. Balta and F. Florindo Gijón, subsequently by M. Niejahr, J. Buendía Sierra and G. Braga da Cruz, and latterly by B. Martenczuk and G. Braga da Cruz, Agents)

Re:

Application for annulment of Commission Decision 2005/406/EC of 15 October 2003 on ad hoc measures implemented by Portugal for RTP (OJ 2005 L 142, p. 1) inasmuch as that decision declares that certain of those measures do not constitute State aid and that the others are compatible with the common market.

Operative part of the judgment

The Court:

1.Annuls Article 1 of Commission Decision 2005/406/EC of 15 October 2003 on ad hoc measures implemented by Portugal for RTP;

2.Annuls Article 2 of Decision 2005/406 in so far as it found that the exemption from registration charges does not constitute State aid;

3.Dismisses the action as to the remainder;

4.Orders the Commission to bear its own costs and to pay four fifths of the costs of SIC — Sociedade Independente de Comunicação, SA;

5.Orders SIC to bear one fifth of its own costs.

(1) OJ C 71, 20.3.2004.