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Case T-808/14: Judgment of the General Court of 15 December 2016 — Spain 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 ‘undertaking’ — Economic activity — Advantage — Service of general economic interest — Distortion of competition — Article 107(3)(c) TFEU — Duty of diligence — Reasonable period — Legal certainty — Equal treatment — Proportionality — Subsidiarity — Right to information)

ECLI:EU:UNKNOWN:62014TA0808

62014TA0808

December 15, 2016
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Official Journal of the European Union

C 38/27

(Case T-808/14) (<span class="super note-tag">1</span>)

((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 ‘undertaking’ - Economic activity - Advantage - Service of general economic interest - Distortion of competition - Article 107(3)(c) TFEU - Duty of diligence - Reasonable period - Legal certainty - Equal treatment - Proportionality - Subsidiarity - Right to information))

(2017/C 038/36)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: A. Rubio González, and subsequently by A. Gavela Llopis, abogados del Estado)

Defendant: European Commission (represented by: É. Gippini Fournier, P. Němečková and B. Stromsky, acting as Agents)

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 action;

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

(<span class="note">1</span>) OJ C 34, 2.2.2015.

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