CELEX: 62005CJ0280
Language: en
Date: 2007-12-06
Title: Judgment of the Court (Third Chamber) of 6 December 2007. # Commission of the European Communities v Italian Republic. # Failure of a Member State to fulfil obligations - State aid - Incompatibility with the common market - Duty to recover - Non-fulfilment. # Case C-280/05.

Judgment of the Court (Third Chamber) of 6 December 2007 – Commission v Italy
      (Case C‑280/05)
      Failure of a Member State to fulfil obligations – State aid – Incompatibility with the common market – Duty to recover – Non-fulfilment
      1.                     Actions for failure to fulfil obligations – Non-compliance with a Commission decision concerning State aid – Defences (Art.
            10 EC and 88(2) EC) (see paras 19-20, 25)
      2.                     State aid – Recovery of unlawful aid (Art. 88(2) EC) (see para. 28)
      Re: 
      
         Failure of a Member State to fulfil obligations – Infringement of Articles 2, 3 and 4 of Commission Decision 2004/800/EC of
                  30 March 2004 declaring incompatible with the common market the aid scheme put into effect by Italy providing for urgent measures
                  to assist employment in firms in financial difficulty, in special administration, and having at least 1 000 employees (Aid
                  No CR 62/2003, ex NN 7/2003 – Italy) (OJ 2004 L 352, p. 10) – Failure to adopt, within the prescribed period, the measures
                  necessary to recover the aid declared incompatible with the common market.
               
            Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  Declares that, by failing to adopt, within the prescribed period, the measures necessary to recover from the beneficiaries
                     the aid declared unlawful and incompatible with the common market by Commission Decision 2004/800/EC of 30 March 2004 on the
                     State aid scheme put into effect by Italy providing for urgent measures to assist employment, the Italian Republic has failed
                     to fulfil its obligations under Articles 2 and 3 of that decision; 
                  
               
            
         
                   
               
               
                  
               
               
                  Orders the Italian Republic to pay the costs.