N. whereas no member of the state security forces or the former Maoist combatants has so far been held criminally responsible for the grave and systematic abuses of the laws of war committed during the conflict,

Welcomes new radio and TV laws which provide for several positive developments such as an increase in the percentage that foreign entities may lawfully own in Turkish media companies (50 %, up from 25 %), but expresses concern at the fact that broadcasting may be stopped on grounds of national security without a court order or a ruling by a judge; notes with concern the practice of bringing criminal prosecutions – especially under Article 285 of the Penal Code on ‘breaching the confidentiality of a criminal investigation’ and Article 288 on ‘attempting to influence the judiciary’ – against journalists who communicate evidence of hum ...[+++]an rights violations or raise other issues in the public interest; considers the criminalisation of opinions as a key obstacle to the protection of human rights in Turkey and deplores disproportionate restriction of the freedoms of expression, association and assembly; urges Turkey to comply rigorously with its international human rights obligations in this respect by amending its relevant legislation and by training its police and judiciary;

The State aid granted to agricultural and forestry undertakings for heating greenhouses or covered areas for crop production under the Law amending the Mineral Oil Tax Law and the Law on the further development of the ecological tax reform, unlawfully put into effect by the Federal Republic of Germany in breach of Article 88(3) of the Treaty, or which it intends to grant to them under the Guidelines Implementation Law, is hereby deemed to be incompatible with the common market to the extent mentioned in points 75 to 77 of the present decision, and must be recovered for the relevant period, where granted.

56. Notes that the Mediaset group is the largest private television and communications group in Italy and one of the largest in the world and controls (inter alia) television networks (RTI S.p.A.) and advertising franchise holders (Publitalia '80), both of which have been formally found to hold a dominant position in breach of national law (Law 247/97) by the Communications Regulatory Authority (decision 226/03) ;

57. Notes that the Mediaset group owned by Silvio Berlusconi is the largest private television and communications group in Italy and the world, which controls (inter alia) television networks (RTI S.p.A.) and advertising franchise holders (Publitalia '80), both of which have been formally found to hold a dominant position in breach of national law (Law 247/97) by the Communications Regulatory Authority (decision 226/03);

Regarding mitigating circumstances, all the Member States' criminal systems allow the courts to reduce the statutory penalty for a specific offence on the basis of mitigating or exonerating circumstances provided for by the law.