CASE COMMENTS: STATE AID - APPEAL - RECOVERY OF INCOMPATIBLE AID - SELECTIVE ADVANTAGE - OBLIGATION TO STATE REASONS

Appeal - Selective advantage: The Court of Justice confirms the General Court’s ruling on the rejection of an action for the annulment of a Commission decision ordering the recovery of incompatible aid for the purchase of digital terrestrial terminals (Mediaset)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, 28 July 2011, Mediaset v Commission, Case C-403/10 P The judgment of the Court of First Instance in Case T-177/07 has already been commented upon (see Concurrences No. 3-2010, pp. 142-144) and a brief review of the facts of the case will suffice. In order to speed up the switchover to digital terrestrial television, Italy granted in 2004 and 2005 a public subsidy to every user of the broadcasting service who buys or rents a set-top box for free-to-air reception of digital terrestrial signals. The Commission found that this measure constituted state aid to digital terrestrial broadcasters, in particular because it was not technologically neutral as

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Jacques Derenne, Appeal - Selective advantage: The Court of Justice confirms the General Court’s ruling on the rejection of an action for the annulment of a Commission decision ordering the recovery of incompatible aid for the purchase of digital terrestrial terminals (Mediaset), 28 July 2011, Concurrences N° 4-2011, Art. N° 39998, pp. 151-153

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