Judgment — ECLI:EU:C:2011:650
Date: 2011-10-13
Language of the case: Italian
Court formation: Fifth Chamber
Subject matter: State aids;Competition
Procedure: Action for failure to fulfil obligations - successful
Origin: Italy

Judgment of the Court (Fifth Chamber) of 13 October 2011 - European Commission v Italian Republic (Case C-454/09) 1 (Failure of a Member State to fulfil obligations - State aid - Aid for New Interline SpA - Recovery) Language of the case: Italian Parties Applicant: European Commission (represented by: E. Righini, B. Stromsky and D. Grespan, acting as Agents) Defendant: Italian Republic (represented by: G. Palmieir, acting as Agent, P. Gentili and B. Tidore, avvocati dello Stato) Re: Failure of a Member State to fulfil obligations - Failure to adopt, within the prescribed period, all the measures necessary to comply with Articles 2, 3 and 4 of Commission Decision 2008/697/EC of 16 April 2008 on State Aid C 13/07 (ex NN 15/06) implemented by Italy for New Interline (notified under document number C(2008) 1321) Operative part of the judgment The Court: 1. Declares that, by failing to adopt, within the prescribed period, all the measures necessary to ensure implementation of Commission Decision 2008/697/EC of 16 April 2008 on State Aid C 13/07 (ex NN 15/06 and N 734/06) implemented by Italy for New Interline, the Italian Republic has failed to fulfil its obligations under the fourth paragraph of Article 249 EC and Articles 2 and 3 of that decision; 2. Orders the Italian Republic to pay the costs. ____________ 1 - OJ C 24, 30.1.2010.