1. 

Actions for failure to fulfil obligations – Non-compliance with a Commission decision concerning State aid – Duty to recover the aid granted – Reference period – Period laid down either in the decision which has not been implemented or subsequently by the Commission

(Arts 108(2), second para., and 288 TFEU; Council Regulation No 659/1999, Art. 14(3))

(see paras 46-59)

2. 

Actions for failure to fulfil obligations – Non-compliance with the obligation to recover unlawful aid – Defences – Absolute impossibility of implementation – Criteria for assessment – Difficulties in implementation – Obligation for the Member State to undertake real steps as regards the undertakings at issue and to propose alternative solutions to the Commission enabling such difficulties to be overcome – Obligation for the Commission and the Member State, in the event of difficulties in implementation, to cooperate in finding a solution consistent with the Treaty – Failure to adopt, within the prescribed time limit, measures necessary to recover from the beneficiaries aid declared unlawful – Failure to fulfil obligations

(Art. 108(2) TFEU)

(see paras 60-79, operative part 1)

3. 

EU law – Principles – Protection of legitimate expectations – Conditions – Specific assurances given by the authorities – None

(see paras 85-88)

1. 

Declares that, by failing to take, within the prescribed time limit, all the measures necessary to recover from Telecom Castilla-La Mancha SA the State aid declared unlawful and incompatible with the internal market by Article 1 of 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, by failing to demonstrate that all outstanding payments of that aid have been cancelled and by failing to notify the European Commission, within the prescribed time limit, of the measures taken to comply with that decision, the Kingdom of Spain has failed to fulfil its obligations under the fourth paragraph of Article 288 TFEU and Articles 3 and 4 of that decision;

2. 

Orders the Kingdom of Spain to pay the costs.