Judgment — ECLI:EU:C:2006:366
Date: 2006-06-01
Language of the case: Italian
Court formation: First Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: State aids;Competition
Concepts: Defences;Procedure under Article 88 EC;General;Obligations of the Member States
Procedure: Action for failure to fulfil obligations - successful
Origin: Italy

Notice for the OJ Action brought on 11 May 2005 by the Commission of the European Communities against the Italian Republic (Case C-207/05) (Language of the case: Italian) An action against the Italian Republic was brought before the Court of Justice of the European Communities on 11 May 2005 by the Commission of the European Communities, represented by V. Di Bucci and L. Pignataro, acting as Agents. The Commission claims that the Court should: declare that, by not adopting within the prescribed time-limits all measures necessary to recover from the beneficiaries the aid adjudged to be unlawful and incompatible with the common market by Commission Decision 2003/193/EC1 of 5 June 2002 on State aid granted by Italy in the form of tax exemptions and subsidised loans to public utilities with a majority public capital holding, C 27/99 (ex NN 69/98), or in any event by not informing the Commission of those provisions, the Italian Republic has failed to fulfil its obligations under Articles 3 and 4 of that decision and the EC Treaty; order the Italian Republic to pay the costs. Pleas in law and main arguments The decision obliges Italy to take all measures necessary to recover from the beneficiaries the aid granted and unlawfully made available to the beneficiaries under the schemes examined in that decision, and to inform the Commission within two months of notification of the measures taken to comply with it. Italy has not taken the necessary measures and in any event has not informed the Commission or submitted that it is absolutely impossible to enforce the decision. Recent legislation has allowed the subsequent extension of the time-limits for recovery which do not in any case result in the immediate enforcement of the decision. Moreover, the Commission has always given Italy its full cooperation. ____________ 1 - OJ 2003 L 77, p. 21 of 24.03.2003.