CELEX: 62009CJ0303
Language: en
Date: 2011-07-14
Title: Judgment of the Court (Fifth Chamber) of 14 July 2011. # European Commission v Italian Republic. # Failure of a Member State to fulfil obligations - State aid - Aid to firms investing in the municipalities seriously affected by natural disasters in 2002 - Recovery. # Case C-303/09.

Judgment of the Court (Fifth Chamber) of 14 July 2011 – Commission v Italy
      (Case C-303/09)
      Failure of a Member State to fulfil obligations – State aid – Aid to firms investing in the municipalities seriously affected by natural disasters in 2002 – Recovery
      1.                     State aid – Commission decision finding aid incompatible with the common market and ordering its recovery – Obligations of
            the Member States – Duty to recover – Implications (Arts 88(2) EC and 249 EC; Council Regulation No 659/1999, recital 13 and
            Art. 14(3); Commission Decision 2005/315, Art. 5(3)) (see paras 29-31, 41)
      2.                     Actions for failure to fulfil obligations – Failure to comply with a Commission decision concerning State aid – Decision ordering
            recovery of unlawful aid – Defences – Absolutely impossible to implement – Criteria for assessment – Difficulties in implementing
            – Duty of the Commission and the Member State to work together in seeking a solution consistent with the Treaty (Arts 88(2)
            EC and 249 EC) (see paras 33-38)
      3.                     State aid – Commission decision finding aid incompatible with the common market and ordering its recovery – Action before
            the national court against national implementing measures – Preliminary plea challenging the legality of that decision – Grant
            by that court of provisional suspension measures – Whether permissible – Conditions (Art. 88(2) EC; Commission Decision 2005/315)
            (see paras 45-46)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to
                  comply with Articles 2, 5 and 6 of Commission Decision 2005/315/EC of 20 October 2004 on the aid scheme implemented by Italy
                  for firms investing in municipalities seriously affected by natural disasters in 2002 (notified under document No C(2004)
                  3893) (OJ 2005 L 100, p. 46).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to adopt, within the prescribed period, the measures necessary to recover from the beneficiaries
                     all the aid granted under the aid scheme declared incompatible with the common market by Commission Decision 2005/315/EC of
                     20 October 2004 on the aid scheme implemented by Italy for firms investing in municipalities seriously affected by natural
                     disasters in 2002, the Italian Republic has failed to fulfil its obligations under Article 5 of that decision; 
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Italian Republic to pay the costs.