Judgment of the General Court of 26 November 2015 — Spain v Commission
(Case T-461/13) 1
(State aid — Digital television — Aid for the deployment of digital terrestrial television in remote and less-urbanised areas in Spain — Decision declaring aid to be partly compatible and partly 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)
Language of the case: Spanish
Parties
Applicant: Kingdom of Spain (represented by: A. Rubio González, lawyer)
Defendant: European Commission (represented by: É. Gippini Fournier, B. Stromsky and P. Němečková, acting as Agents)
Re:
Application for annulment of Commission Decision 2014/489/EU of 19 June 2013 on State aid SA.28599 [(C 23/2010) (ex NN 36/010, ex CP 163/2009)] implemented by the Kingdom of Spain for the deployment of digital terrestrial television in remote and less-urbanised areas (other than Castilla-La Mancha) (OJ 2014 L 217, p.52).
Operative part of the judgment
The Court:
Dismisses the action;
Orders the Kingdom of Spain to pay the costs incurred in the main proceedings and those relating to the interim proceedings.
____________1 OJ C 304, 19.10.2013.