INHALT

2007/374/EC: Commission Decision 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 (notified under document number C(2006) 6634) (Text with EEA relevance)

COMMISSION DECISION
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
(notified under document number C(2006) 6634)
(Only the Italian text is authentic)
(Text with EEA relevance)
(2007/374/EC)
I. PROCEDURE
II. DETAILED DESCRIPTION OF THE AID
II.A. DESCRIPTION OF THE AID
II.B. BACKGROUND
II.B.1. THE COMPLAINANTS
II.B.2 THE CONTEXT
II.C. GROUNDS FOR INITIATING THE PROCEDURE
III. COMMENTS FROM INTERESTED PARTIES
III.A. COMMENTS FROM ITALY, MEDIASET AND RAI
III.A.1. THE MEASURE IS NOT AID
III.A.1.1. The selective advantage is not certain
III.A.1.2. Distortion of competition
III.A.2. COMPATIBILITY
III.A.2.1. Article 87(2)(a) of the EC Treaty
III.A.2.2. Article 87(3)(b) of the EC Treaty
III.A.2.3. Article 87(3)(c) of the EC Treaty
III.A.2.3.a. Well-designed aid
III.A.2.3.b. Avoiding unnecessary distortions of competition
III.A.2.4. Article 87(3)(d) of the EC Treaty
III.A.3. RECOVERY
III.B. COMMENTS FROM SKY ITALIA, ESOA AND EUROPA7
III.C. COMMENTS FROM ANIE
III.D. REPLY BY ITALY
IV. LEGAL ASSESSMENT
IV.A. STATE AID ASSESSMENT PURSUANT TO ARTICLE 87(1) OF THE EC TREATY
IV.A.1. STATE RESOURCES
IV.A.2. ECONOMIC ADVANTAGE
IV.A.3. SELECTIVITY
IV.A.4. DISTORTION OF COMPETITION
IV.A.5. EFFECT ON TRADE BETWEEN MEMBER STATES
IV.A.6. CONCLUSION
IV.B. COMPATIBILITY ASSESSMENT
IV.B.1. ARTICLE 87 (2) (A)
IV.B.2 ARTICLE 87(3)(B) OF THE EC TREATY
IV.B.3 ARTICLE 87(3)(C) OF THE EC TREATY
IV.B.3.1. Objective of common interest
IV.B.3.2. Well-designed aid
IV.B.3.3. Avoiding unnecessary distortions
IV.B.3.4. Conclusion on Article 87(3)(c) of the EC Treaty
IV.B.4. ARTICLE 87(3)(D) OF THE EC TREATY
IV.B.5. ARTICLE 86(2) OF THE EC TREATY
IV.B.6. CONCLUSION ON THE COMPATIBILITY ASSESSMENT
IV.C. CONCLUSION OF LEGAL ASSESSMENT
V. ELIMINATION OF THE AID
V.A. NEED TO ELIMINATE THE AID
V.B. STATE AID RECIPIENTS
V.C. QUANTIFICATION OF THE AID TO BE RECOVERED
V.D. IMPLEMENTATION OF THE DECISION
Article 1
Article 2
Article 3
Article 4
ANNEX
Information regarding the implementation of Commission Decision C(2006)6634 on State aid scheme C 52/2005 (ex NN 88/2005, ex CP 101/2004) — Italy: subsidy for digital decoders
1. Calculation of the amount to be recovered
2. Recovery measures planned or already taken
3. Recovery already effected