CELEX: 62005CJ0207
Failure of a Member State to fulfil obligations
State aid
Second subparagraph of Article 88(2) EC
Aid incompatible with the common market
Duty to recover
Non-fulfilment

Failure of a Member State to fulfil obligations – Breach of Articles 3 and 4 of Commission Decision 2003/193/EC of 5 June
2002 on State aid granted by Italy in the form of tax exemptions and subsidised loans to public utilities with a majority
public capital holding [C-27/99 (ex NN 69/98)] (OJ 2003 L 77, p. 21) – Failure to adopt, within the prescribed period, the
necessary measures to recover aid declared incompatible with the common market.
Operative part
The Court:
1.
Declares that by failing to adopt, within the prescribed period, the necessary measures to recover from the recipients aid
declared unlawful and incompatible with the common market by Commission Decision 2003/193/EC of 5 June 2002 on State aid granted
by Italy in the form of tax exemptions and subsidised loans to public utilities with a majority public capital holding, the
Italian Republic has failed to fulfil its obligations under Articles 3 and 4 of that decision;
2.
Orders the Italian Republic to pay the costs.