Spain challenges Commission’s decision ordering it to recover incompatible aid from digital terrestrial operators
Official publication has been made of an action for annulment (T-489/21) brought by Spain against the decision of the European Commission in State aid case SA.28599, ordering Spain to recover illegal State aid received by operators for the digitisation and extension of the terrestrial television network in remote areas of Spain, insofar as it infringed EU State aid rules.
As previously reported here by EU Law Live, the issue goes back to a 2013 decision by the Commission declaring the existence of illegal State aid and ordering its recovery. That decision was annulled by the Court of Justice in 2017 on the ground of inadequate reasoning as to the selectivity of the measure. However, in April 2021, the Court of Justice ruled again