Commission Decision (EU) 2016/1385 of 1 October 2014 on State aid SA.27408 (C 24/10 (ex NN 37/10, ex CP 19/09)) implemented by the authorities of Castilla-La Mancha for the deployment of digital terrestrial television in remote and less urbanised areas (notified under document C(2014) 6846) (Text with EEA relevance)

• CELEX: Decision (EU) 2016/1385
• Articles: 6

Article 1

The State aid granted to the operators of the terrestrial television platform TelecomCLM and Abertis, for the upgrading of the transmission centres, for building new transmission centres, for the supply of the digital equipment and/or operation and maintenance in Area II of Castilla-La Mancha unlawfully put into effect by Spain in breach of Article 108(3) TFEU is incompatible with the internal market.

Article 2

Individual aid granted under the scheme referred to in Article 1 does not constitute aid if, at the time it is granted, it fulfils the conditions laid down by the regulation adopted pursuant to Article 2 of Council Regulation (EC) No 994/98  ( 102 ) which is applicable at the time the aid is granted.

Article 3

1.   Spain shall recover the incompatible aid granted under the scheme referred to in Article 1 from TelecomCLM and Abertis.

2.   The sums to be recovered shall bear interest from the date on which they were put at the disposal of the beneficiaries until their actual recovery.

3.   The interest shall be calculated on a compound basis in accordance with Chapter V of Commission Regulation (EC) No 794/2004  ( 103 ) .

4.   Spain shall cancel all outstanding payments of aid under the scheme referred to in Article 1 with effect from the date of notification of this decision.

Article 4

1.   Recovery of the aid granted under the scheme referred to in Article 1 shall be immediate and effective.

2.   Spain shall ensure that this Decision is implemented within four months following the date of notification of this Decision.

3.   Within two months following notification of this Decision, Spain shall submit the following information:

(a)

for the beneficiaries identified in Article 1, the total amount of aid received by each of them;

(b)

the total amount (principal and recovery interests) to be recovered from each beneficiary;

(c)

a detailed description of the measures already taken and planned to comply with this Decision;

(d)

documents demonstrating that the beneficiaries have been ordered to repay the aid.

4.   Spain shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid granted under the scheme referred to in Article 1 has been completed. It shall immediately submit, on simple request by the Commission, information on the measures already taken and planned to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and recovery interest already recovered from the beneficiaries.

Article 5

This Decision is addressed to the Kingdom of Spain.

Schedules & Appendices

ANNEX

ANNEX

Information about the amounts of aid received, to be recovered and already recovered

Identity of the beneficiary

Total amount of aid received under the scheme  ( *1 )

Total amount of aid to be recovered  ( *1 )

(Principal)

Total amount already reimbursed  ( *1 )

Principal

Recovery interest

( *1 )   Million of national currency