CELEX: 62005CJ0280
Failure of a Member State to fulfil obligations
State aid
Incompatibility with the common market
Duty to recover
Non-fulfilment

Failure of a Member State to fulfil obligations – Infringement of Articles 2, 3 and 4 of Commission Decision 2004/800/EC of
30 March 2004 declaring incompatible with the common market the aid scheme put into effect by Italy providing for urgent measures
to assist employment in firms in financial difficulty, in special administration, and having at least 1 000 employees (Aid
No CR 62/2003, ex NN 7/2003 – Italy) (OJ 2004 L 352, p. 10) – Failure to adopt, within the prescribed period, the measures
necessary to recover the aid declared incompatible with the common market.
Operative part
The Court:

Declares that, by failing to adopt, within the prescribed period, the measures necessary to recover from the beneficiaries
the aid declared unlawful and incompatible with the common market by Commission Decision 2004/800/EC of 30 March 2004 on the
State aid scheme put into effect by Italy providing for urgent measures to assist employment, the Italian Republic has failed
to fulfil its obligations under Articles 2 and 3 of that decision;

Orders the Italian Republic to pay the costs.