Case C-207/05: Judgement of the Court (First Chamber) of  1 June 2006  — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — State aid — Second subparagraph of Article 88(2) EC — Aid incompatible with the common market — Duty to recover — Non-fulfilment)
Date: 2006-07-29
Institutions: Court of Justice
Subjects: European Commission, Italy, State aid, action for failure to fulfil an obligation, aid to undertakings, control of State aid, public service, redemption

C 178/10

EN

Official Journal of the European Union

29.7.2006

Judgement of the Court (First Chamber) of 1 June 2006 —
the European Communities v Italian
Commission of

2. Orders the Italian Republic to pay the costs.

Republic

(Case C-207/05) (1)

(1) OJ C 182, 23.7.2005.

(Failure of a Member State to fulfil obligations — State aid
— Second subparagraph of Article 88(2) EC — Aid incom-
patible with the common market — Duty to recover — Non-
fulfilment)

(2006/C 178/15)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: V. Di Bucci and L. Pignataro, Agents)

Judgement of the Court (Fourth Chamber) of 18 May 2006
— Commission of the European Communities v Republic
of Finland

(Case C-343/05) (1)

(Failure by a Member State to fulfil its obligations — Direc-
tive 2001/37/EC — Manufacture, presentation and sale of
tobacco products — Prohibition on placing on the market of
tobacco for oral use — Failure to transpose within the
prescribed period)

(2006/C 178/16)

Language of the case: Finnish

Defendant:
Agent, assisted by M. Fiorilli, avvocato dello Stato)

Italian Republic (represented by:

I.M. Braguglia,

Re:

Parties

Failure of a Member State to fulfil obligations — Breach of
Articles 3 and 4 of Commission Decision 2003/193/EC 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)] (OJ L
77,2003, p. 21) — Failure to adopt, within the prescribed
period, the necessary measures to recover aid declared incom-
patible with the common market

Operative part of the judgement

The Court:

1. Declares that by failing to adopt, within the prescribed period, the
necessary measures to recover aid declared unlawful land incompa-
tible with the
common market by Commission Decision
2003/193/EC 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, the Italian Republic has
failed to fulfil its obligations under Articles 3 and 4 of that deci-
sion.

Applicant: Commission of the European Communities (repre-
sented by: L. Pignataro-Nolin and M. Huttunen, Agents)

Defendant: Republic of Finland (represented by: J. Himmanen,
Agent)

Re:

Failure by a Member State to fulfil its obligations — Failure to
transpose Article 8a of Council Directive 89/622/EEC of 13
November 1989 on the approximation of the laws, regulations
and administrative provisions of the Member States concerning
the labelling of tobacco products (OJ 1989 L 359, p.1) as
inserted by Council Directive 92/41/EEC of 15 May 1992
amending that directive (OJ 1992 L 158, p. 30), and Article 8
of Directive 2001/37/EC of the European Parliament and of the
Council of 5 June 2001 on the approximation of the laws,
regulations and administrative provisions of the Member States
concerning the manufacture, presentation and sale of tobacco
products — Commission statement (OJ L 194, p. 26) — Prohi-
bition on placing on the market of tobacco for oral use in rela-
tion to Åland and vessels registered in Finland