# C_2009113EN.01000702.xml

| 16.5.2009 | EN | Official Journal of the European Union | C 113/7 |
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16.5.2009

EN

Official Journal of the European Union

C 113/7

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Judgment of the Court (Third Chamber) of 26 March 2009 — Commission of the European Communities v Italian Republic

(Case C-326/07) (1)

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(Failure of a Member State to fulfil obligations - Articles 43 EC and 56 EC - Articles of association of privatised undertakings - Criteria for the exercise of certain special powers held by the State)

2009/C 113/13

Language of the case: Italian

Parties

Parties

Applicant: Commission of the European Communities (represented by: L. Pignataro-Nolin and H. Støvlbæk, acting as Agents)

Applicant:

Defendant: Italian Republic (represented by: I.M. Braguglia, acting as Agent, and P. Gentili, avvocato dello Stato)

Defendant:

Re:

Re:

Failure of a Member State to fulfil its obligations — Infringement of Articles 43 EC and 56 EC — Clause introduced into the statutes of certain privatised undertakings concerning the exercise of various special powers

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by adopting the provisions contained in Article 1(2) of the Decree of the President of the Council of Ministers of 10 June 2004 defining the criteria for the exercise of the special powers referred to in Article 2 of Decree-Law No 332 of 31 May 1994, converted into law with amendments by Law No 474 of 30 July 1994 (decreto del Presidente del Consiglio dei Ministri, definizione dei criteri di esercizio dei poteri speciali, di cui all’art. 2 del decreto-legge 31 maggio 1994, n. 332, convertito, con modificazioni, dalla legge 30 luglio 1994, n. 474), the Italian Republic has failed to fulfil its obligations:






  — | under Articles 43 EC and 56 EC, in so far as those provisions apply to the special powers provided by Article 2(1)(a) and (b) of the Decree-Law, as amended by Law No 350 of 24 December 2003 relating to the provisions for drawing up the annual and pluriannual budget of the State (Finance Law for 2004) (legge No 350, disposizioni per la formazione del bilancio annuale e pluriennale dello Stato (legge finanziaria 2004), and |
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1.

Declares that, by adopting the provisions contained in Article 1(2) of the Decree of the President of the Council of Ministers of 10 June 2004 defining the criteria for the exercise of the special powers referred to in Article 2 of Decree-Law No 332 of 31 May 1994, converted into law with amendments by Law No 474 of 30 July 1994 (decreto del Presidente del Consiglio dei Ministri, definizione dei criteri di esercizio dei poteri speciali, di cui all’art. 2 del decreto-legge 31 maggio 1994, n. 332, convertito, con modificazioni, dalla legge 30 luglio 1994, n. 474), the Italian Republic has failed to fulfil its obligations:

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under Articles 43 EC and 56 EC, in so far as those provisions apply to the special powers provided by Article 2(1)(a) and (b) of the Decree-Law, as amended by Law No 350 of 24 December 2003 relating to the provisions for drawing up the annual and pluriannual budget of the State (Finance Law for 2004) (legge No 350, disposizioni per la formazione del bilancio annuale e pluriennale dello Stato (legge finanziaria 2004), and

| — | under Article 43 EC, in so far as those provisions apply to the special power provided by Article 2(1)(c) of the Decree-Law; |
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under Article 43 EC, in so far as those provisions apply to the special power provided by Article 2(1)(c) of the Decree-Law;

| 2. | Orders the Italian Republic to pay the costs. |
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2.

Orders the Italian Republic to pay the costs.

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(1)  OJ C 247, 20.10.2007.

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