# C_2013147EN.01000701.xml

| 25.5.2013 | EN | Official Journal of the European Union | C 147/7 |
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25.5.2013

EN

Official Journal of the European Union

C 147/7

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Request for a preliminary ruling from the Tribunale civile di Roma (Italy) lodged on 11 February 2013 — Mediaset SpA v Ministero dello Sviluppo Economico

(Case C-69/13)

2013/C 147/11

Language of the case: Italian

Referring court

Referring court

Tribunale civile di Roma

Parties to the main proceedings

Parties to the main proceedings

Applicant: Mediaset SpA

Applicant:

Defendant: Ministero dello Sviluppo Economico

Defendant:

Questions referred

Questions referred

| 1. | Is the national court called upon to rule on the amount of State aid which the Commission has ordered to be recovered bound, as regards both the existence of the State aid and its amount, by the Commission’s Decision of 24 January 2007 adopted upon the conclusion of procedure No C 52/2005 concerning State aid, as supplemented by the determinations which the Commission made in its notes of 11 June 2008 COMP/H4/EK/cd D(2008) 127 and 23 October 2009 COMP/H4/CN/si D(2009)230 and as confirmed by the Court of Justice in its judgment of 15 June 2010 in Case T-177/07? |
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1.

Is the national court called upon to rule on the amount of State aid which the Commission has ordered to be recovered bound, as regards both the existence of the State aid and its amount, by the Commission’s Decision of 24 January 2007 adopted upon the conclusion of procedure No C 52/2005 concerning State aid, as supplemented by the determinations which the Commission made in its notes of 11 June 2008 COMP/H4/EK/cd D(2008) 127 and 23 October 2009 COMP/H4/CN/si D(2009)230 and as confirmed by the Court of Justice in its judgment of 15 June 2010 in Case T-177/07?

| 2. | If the first question should be answered in the negative: In affirming in its judgment of 15 June 2010 in Case T-177/07 that it is for the national court to rule on the amount of the State aid, did the Court of Justice intend to restrict that power to the quantification of an amount which, inasmuch as it relates to State aid actually implemented and received, must necessarily have a positive value and cannot therefore be nil, or |
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2.

If the first question should be answered in the negative: In affirming in its judgment of 15 June 2010 in Case T-177/07 that it is for the national court to rule on the amount of the State aid, did the Court of Justice intend to restrict that power to the quantification of an amount which, inasmuch as it relates to State aid actually implemented and received, must necessarily have a positive value and cannot therefore be nil, or

| 3. | Did the Court of Justice, in affirming in its judgment of 15 June 2010 in Case T-177/07 that it is for the national court to rule on the amount of the State aid, instead mean to ascribe to the national court the power to assess the claim for the recovery of State aid insofar as concerns both the existence of the State aid and its quantum and also, therefore, the power to hold that there is no obligation to repay aid? |
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3.

Did the Court of Justice, in affirming in its judgment of 15 June 2010 in Case T-177/07 that it is for the national court to rule on the amount of the State aid, instead mean to ascribe to the national court the power to assess the claim for the recovery of State aid insofar as concerns both the existence of the State aid and its quantum and also, therefore, the power to hold that there is no obligation to repay aid?

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