Official Journal of the European Union

C 209/32

Judgment of the General Court of 15 June 2010 — Mediaset v Commission

(Case T-177/07) (1)

(State aid - Telecommunications - Subsidised purchase of digital decoders - Decision declaring the aid incompatible with the common market and ordering its recovery - Concept of State aid - Exclusion of decoders for the reception of television programmes broadcast by satellite - Advantage - Selective nature - Adverse effect on competition - Obligation to state reasons)

2010/C 209/46

Language of the case: English


Applicant: Mediaset SpA (Milan, Italy) (represented by: K. Adamantopoulos, G. Rossi, E. Petritsi and A. Nucara, lawyers, and by D. O’Keeffe and P. Boyle, Solicitors)

Defendant: European Commission (represented by: B. Martenczuk, G. Conte and E. Righini, acting as Agents)

Intervener in support of the defendant: Sky Italia Srl (Rome, Italy) (represented intially by: F.E. González Díaz and D. Gerard, and subsequently by F.E. González Díaz, lawyers)


Application for the annulment of Commission Decision 2007/374/EC of 24 January 2007 on State aid C 52/2005 (ex NN 88/2005, ex CP 101/2004) implemented by the Italian Republic for the subsidised purchase of digital decoders (OJ 2007 L 147, p. 1)

Operative part of the judgment

The Court:


Dismisses the action;


Orders Mediaset SpA to bear its own costs and to pay those of the European Commission and Sky Italia Srl.

(1)  OJ C 170, 21.7.2007.