Abertis Telecom Terrestre v Commission (Judgment) French Text [2016] EUECJ T-37/15 (15 December 2016)

Abertis Telecom Terrestre v Commission (Judgment) French Text [2016] EUECJ T-37/15 (15 December 2016)

The General Court held that the Commission correctly found the public funding for digital terrestrial television in Castille-La Manche constituted State aid incompatible with the internal market under Article 107 TFEU. The applicants were the direct beneficiaries, the absence of open tendering conferred a selective...

Source-derived case information.

Citation
[2016] EUECJ T-37/15
Parties
Applicant: Abertis Telecom Terrestre, SA; Applicant: Telecom Castilla-La Mancha, SA; Respondent: Commission européenne; Intervener: SES Astra
Jurisdiction
European Union
Judgment Date
15 December 2016
Procedural Posture
Annulment Action (article 263 Tfeu) / Judgment at First Instance (general Court, Fifth Chamber)
Outcome
Applications dismissed
Legal Topics
State Aid Compatibility, Digital Television Transition, Distortion of Competition, Article 107 TFEU, Recovery of Unlawful Aid
European Union Law Competition Law State Aid State Aid Compatibility Digital Television Transition Distortion of Competition Article 107 TFEU Recovery of Unlawful Aid

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Parties

Abertis Telecom Terrestre, SA

Applicant

Telecom Castilla-La Mancha, SA

Applicant

Commission européenne

Respondent

SES Astra

Intervener

Procedural Posture

Annulment Action (article 263 Tfeu) / Judgment at First Instance (general Court, Fifth Chamber)

Legal Issues

  1. 1 Whether the public funding for digital terrestrial television in Castille-La Manche constitutes incompatible State aid under Article 107 TFEU
  2. 2 Whether the Commission erred in identifying the beneficiaries and the existence of an economic advantage
  3. 3 Whether the absence of public tendering procedures created a selective advantage

Ratio Decidendi

The General Court held that the Commission correctly found the public funding for digital terrestrial television in Castille-La Manche constituted State aid incompatible with the internal market under Article 107 TFEU. The applicants were the direct beneficiaries, the absence of open tendering conferred a selective advantage, and the aid distorted competition. The Commission did not err in its identification of the beneficiaries or in its reasoning. The recovery orders were upheld.

Court Disposition

Applications dismissed

Orders

  • The actions are dismissed.
  • Applicants are ordered to pay the costs.