Judgment — ECLI:EU:C:2013:667
Date: 2013-10-17
Language of the case: Italian
Court formation: Eighth Chamber
Subject matter: State aids;Competition
Procedure: Action for failure to fulfil obligations - successful
Origin: Italy

Judgment of the Court (Eighth Chamber) of 17 October 2013 – European Commission v Italian Republic (Case C-344/12) 1 (Failure of a Member State to fulfil obligations – State aid – Aid granted by the Italian Republic for the benefit of Alcoa Trasformazioni – Commission Decision 2010/460/EC declaring that aid to be incompatible and ordering its recovery – Failure to implement within the prescribed period) Language of the case: Italian Parties Applicant: European Commission (represented by: G. Conte and D. Grespan, acting as Agents) Defendant: Italian Republic (represented by: G. Palmieri, acting as Agent, and C. Gerardis, avvocato dello Stato) Re: Failure of a Member State to fulfil obligations – Failure to have adopted the necessary measures to comply with Articles 2, 3 and 4 of Commission Decision C(2009) 8112 final of 19 November 2009, concerning State aids C 38/A/2004 (ex NN 58/2004) and C 36/B/2006 (ex NN 38/2006), implemented by the Italian Republic for Alcoa Trasformazioni srl, and infringement of Article 288 TFEU Operative part of the judgment The Court: Declares that, by not adopting within the prescribed period all the measures necessary to recover from the beneficiary of the State aid declared to be unlawful and incompatible with the common market under Article 1 of Commission Decision 2010/460/EC of 19 November 2009 concerning State aids Nos C 38/A/2004 (ex NN 58/2004) and C 36/B/2006 (ex NN 38/2006) implemented by Italy for Alcoa Trasformazioni, the Italian Republic has failed to fulfil its obligations under Articles 2, 3 and 4 of that decision Orders the Italian Republic to pay the costs. ____________ 1 OJ C 287, 22.9.2012