# C_2010024EN.01004402.xml

| 30.1.2010 | EN | Official Journal of the European Union | C 24/44 |
| --- | --- | --- | --- |

30.1.2010

EN

Official Journal of the European Union

C 24/44

---

Action brought on 2 December 2009 (faxed on 30 November 2009) — European Commission v Italian Republic

(Case C-496/09)

2010/C 24/77

Language of the case: Italian

Parties

Parties

Applicant: European Commission (represented by: L. Pignataro and E. Righini, agents)

Applicant:

Defendant: Italian Republic

Defendant:

Form of order sought

Form of order sought

| — | Declare that, by failing to adopt all the measures necessary to comply with the judgment delivered by the Court of Justice of the European Communities on 1 April 2004 in Case C-99/02 concerning the recovery from beneficiaries of aid considered unlawful and incompatible with the common market by Commission Decision 2000/128/EC (1) of 11 May 1999 concerning aid granted by Italy to promote employment, the Italian Republic has failed to fulfil its obligations under that decision and under Article 228(1) EC; |
| --- | --- |

—

Declare that, by failing to adopt all the measures necessary to comply with the judgment delivered by the Court of Justice of the European Communities on 1 April 2004 in Case C-99/02 concerning the recovery from beneficiaries of aid considered unlawful and incompatible with the common market by Commission Decision 2000/128/EC (1) of 11 May 1999 concerning aid granted by Italy to promote employment, the Italian Republic has failed to fulfil its obligations under that decision and under Article 228(1) EC;

1

| — | Order the Italian Republic to pay to the Commission a daily penalty payment of EUR 285 696 for the delay in implementing the judgment in Case C-99/02 concerning Decision 2000/128/EC, from the date on which judgment is delivered in the present case until the judgment in Case C-99/02 is complied with; |
| --- | --- |

—

Order the Italian Republic to pay to the Commission a daily penalty payment of EUR 285 696 for the delay in implementing the judgment in Case C-99/02 concerning Decision 2000/128/EC, from the date on which judgment is delivered in the present case until the judgment in Case C-99/02 is complied with;

| — | Order the Italian Republic to pay to the Commission a lump sum, the amount of which is calculated by multiplying a daily amount of EUR 31 744 by the number of days over which the failure to fulfil obligations continues from the date of delivery of judgment in the present case concerning Decision 2000/128/EC; |
| --- | --- |

—

Order the Italian Republic to pay to the Commission a lump sum, the amount of which is calculated by multiplying a daily amount of EUR 31 744 by the number of days over which the failure to fulfil obligations continues from the date of delivery of judgment in the present case concerning Decision 2000/128/EC;

| — | order the Italian Republic to pay the costs. |
| --- | --- |

—

order the Italian Republic to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The Italian Republic has failed to adopt all the measures necessary to recover the aid considered unlawful and incompatible in the decision in that, by June 2009, it had recovered only EUR 52 088 600,60 out of a total sum to be recovered of EUR 281 525 688,79. The Italian Republic acknowledges that the sum yet to be recovered is EUR 229 437 086,19. It has therefore failed to adopt all the measures necessary to comply with the decision, which it was required to do in the judgment in Case C-99/02.

---

(1)  OJ 2000 L 42, p. 1.

1

---