Judgment — ECLI:EU:T:2016:734
Date: 2016-12-15
Language of the case: Spanish
Court formation: Fifth Chamber
Subject matter: State aids;Competition
Procedure: Action for annulment - unfounded
Origin: Spain

summary of the pleas in law on which the application based (Rules of Procedure of the General Court, Art. 76) (see para. 153) 15. EU law — General principles of law — Right to sound administration — Diligent and impartial consideration of the case — Commission decision on State aid (Art. 107(3)(c) TFEU) (see para. 154) 16. State aid — Commission decision to open a formal investigation procedure into a State measure — Provisional nature of the Commission’s assessments — Consequences (Art. 108(2) TFEU; Council Regulation No 659/1999, Art. 6(1)) (see para. 166) 17. State aid — Examination by the Commission — Examination of an aid scheme as a whole — Lawfulness (Arts 107(3) TFEU and 108 TFEU) (see para. 168) 18. State aid — Examination by the Commission — Opening of a formal examination procedure — Maximum period of two months — Inapplicable where aid not notified — Obligation to complete both the preliminary investigation procedure and the formal investigation procedure within a reasonable time — Assessment of actual situation (Art. 108 TFEU; Council Regulation No 659/1999, Arts 4(5), 7(6), and 13(2)) (see paras 172-175) 19. State aid — Recovery of unlawful aid — No breach of principle of proportionality (Art. 108 TFEU) (see paras 194, 206-209, 213, 214) 20. State aid — Decision of the Commission finding aid incompatible with the internal market and ordering its recovery — Possibility of the Commission leaving to national authorities the task of calculating the precise amount to recover — Duty of cooperation between the Commission and the Member State in the event of difficulties encountered by the State — Scope (Arts 107 TFEU and 108 TFEU; Council Regulation No 994/98, Art. 2; Commission Regulation No 1998/2006) (see paras 196, 197, 199, 203) 21. State aid — Examination by the Commission — Exclusive competence — Review of the compatibility of aid with the internal market — Judicial review — No undermining of the principle of subsidiarity (Art. 5(3) TEU; Arts 107(3) TFEU and 108 TFEU) (see para. 220) 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 The Court: 1. Dismisses the action; 2. Orders the Kingdom of Spain to pay the costs.