Information;Judgment — ECLI:EU:T:2025:657
Date: 2025-07-02
Language of the case: Spanish
Court formation: Seventh Chamber, Extended Composition
Procedure: Action for annulment - unfounded
Origin: Spain

Summary of the relevant issues of fact and law – Joint examination of the conditions of selectivity and economic advantage – Whether permissible (Art. 108(2) TFEU; Council Regulation No 659/1999, Arts 1(h) and 6(1)) (see paragraphs 42-64) 3. Action for annulment – Judgment annulling a measure – Effects – Annulment of a Commission decision finding an infringement of the State aid rules – Retroactive effect of annulment – Adoption of a new decision finding the existence of aid that is unlawful and incompatible with the internal market and ordering its recovery – Whether permissible – Conditions – Decision adopted in compliance with both the statement of reasons and the operative part of the judgment annulling the measure (Art. 266 TFEU) (see paragraphs 70-75) 4. Aid granted by a Member State – Examination by the Commission – Administrative procedure – Obligation of the Commission to give notice to the parties concerned to submit their comments – Obligation of the Commission to communicate to the Member State concerned the comments of other interested parties on the decision to open the formal investigation procedure – Scope (Art. 108 TFEU; Council Regulation No 2015/1589, Art. 6) (see paragraphs 79-84) 5. Aid granted by a Member State – Concept – Selective nature of the measure – Differentiation between undertakings in a comparable factual and legal situation in the light of the objective of the reference system – Identification of the objective (Art. 107(1) TFEU) (see paragraphs 93, 165-172) 6. Aid granted by a Member State – Concept – Selective nature of the measure – Differentiation between undertakings in a comparable factual and legal situation in the light of the objective of the reference system – Assessment based on the situation existing at the time the measure at issue is adopted – Burden of proof (Art. 107(1) TFEU) (see paragraphs 101-129) 7. Aid granted by a Member State – Concept – Selective nature of the measure – Public funding to support the process of digitisation of broadcasting in certain areas – Criteria for assessment – Determination of the reference framework (Art. 107(1) TFEU) (see paragraphs 132-161) Operative part The Court: 1. Dismisses the action; 2. Orders Cellnex Telecom, SA and Retevisión I, SA to bear their own costs and to pay those incurred by the European Commission and SES Astra SA.