Judgment — ECLI:EU:C:2013:192
Date: 2013-03-21
Language of the case: Italian
Court formation: Ninth Chamber
Subject matter: State aids;Competition
Procedure: Action for failure to fulfil obligations - successful
Origin: Italy

Judgment of the Court (Ninth Chamber) of 21 March 2013 - European Commission v Italian Republic (Case C-613/11)  (Failure of a Member State to fulfil obligations - State aid - Aid granted by the Italian Republic to the Sardinian shipping sector - Commission Decision 2008/92/EC declaring that aid incompatible with the common market and ordering its recovery from the beneficiaries - Failure to implement within the prescribed period) Language of the case: Italian Parties Applicant: European Commission (represented by: B. Stromsky and D. Grespan, agents) Defendant: Italian Republic (represented by: G. Palmieri, agent, and S. Fiorentino, lawyer) Re: Failure of a Member State to fulfil obligations - State aid - Failure to adopt, within the prescribed period, all the provisions necessary to comply with Articles 2 and 5 of Commission Decision 2008/92/EC of 10 July 2007 concerning an Italian State aid scheme to the Sardinian shipping (OJ 2008 L 29, p. 24) - Requirement for immediate and effective enforcement of Commission decisions - Inadequacy of the recovery procedure for the unlawful aid at issue Operative part of the judgment The Court: Declares that, by failing to take, within the prescribed period, all the measures necessary to recover from the beneficiaries the State aid considered unlawful and incompatible with the internal market by Article 1 of Commission Decision 2008/92/EC of 10 July 2007 concerning an Italian State aid scheme to the Sardinian shipping, the Italian Republic has failed to fulfil its obligations under Articles 2 and 5 of that decision; Orders the Italian Republic to pay the costs. ____________ 1 - OJ C 32, 4.2.2013.