CELEX: 62009CJ0454
Language: en
Date: 2011-10-13 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 13 October 2011. # European Commission v Italian Republic. # Failure of a Member State to fulfil obligations - State aid - Aid for New Interline SpA - Recovery. # Case C-454/09.

Judgment of the Court (Fifth Chamber) of 13 October 2011 – Commission v Italy
      (Case C-454/09)
      Failure of a Member State to fulfil obligations – State aid – Aid for New Interline SpA – Recovery
      1.                     Actions for failure to fulfil obligations – Failure to comply with a Commission decision concerning State aid – Duty to recover
            the aid granted – Period within which the aid is to be recovered (Arts 88(2) EC, 226 EC and 249 EC) (see paras 34, 37)
      2.                     State aid – Recovery of unlawful aid – Recipient undertakings that become bankrupt – Aid entered in the schedule of liabilities
            in order to restore the status quo ante (Art. 88(2) EC) (see paras 35-36)
      3.                     Actions for failure to fulfil obligations – Failure to comply with a Commission decision concerning State aid – Defences –
            Legality of the decision called in question – Inadmissibility – Limits – Non-existent measure (Arts 88(2), second para., EC,
            226 EC, 227 EC, 230 EC and 232 EC) (see para. 41)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, all the measures necessary
                  to comply with Articles 2, 3 and 4 of Commission Decision 2008/697/EC of 16 April 2008 on State Aid C 13/07 (ex NN 15/06 and
                  N 734/06) implemented by Italy for New Interline (notified under document number C(2008) 1321).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to adopt, within the prescribed period, all the measures necessary to ensure implementation of Commission
                     Decision 2008/697/EC of 16 April 2008 on State Aid C 13/07 (ex NN 15/06 and N 734/06) implemented by Italy for New Interline,
                     the Italian Republic has failed to fulfil its obligations under the fourth paragraph of Article 249 EC and Articles 2 and
                     3 of that decision; 
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Italian Republic to pay the costs.