CELEX: 62019CB0415
Language: en
Date: 2020-05-06 00:00:00
Title: Joined Cases C-415/19 to C–417/19: Order of the Court (Sixth Chamber) of 6 May 2020 (requests for a preliminary ruling from the Corte suprema di cassazione — Italy) — Blumar SpA (C-415/19), Roberto Abate SpA (C-416/19), Commerciale Gicap SpA (C-417/19) v Agenzia delle Entrate (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — State aid — European Commission decision declaring an aid scheme compatible with the internal market — National legislation precluding the award of aid under the authorised scheme in the event of non-compliance with a condition not provided for in the Commission decision)

31.8.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 287/19
            
         
      Order of the Court (Sixth Chamber) of 6 May 2020 (requests for a preliminary ruling from the Corte suprema di cassazione — Italy) — Blumar SpA (C-415/19), Roberto Abate SpA (C-416/19), Commerciale Gicap SpA (C-417/19) v Agenzia delle Entrate
      (Joined Cases C-415/19 to C–417/19) (1)
      
      (Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - State aid - European Commission decision declaring an aid scheme compatible with the internal market - National legislation precluding the award of aid under the authorised scheme in the event of non-compliance with a condition not provided for in the Commission decision)
      (2020/C 287/27)
      Language of the case: Italian
      
         Referring court
      
      Corte suprema di cassazione
      
         Parties to the main proceedings
      
      
         Applicants: Blumar SpA (C-415/19), Roberto Abate SpA (C-416/19), Commerciale Gicap SpA (C-417/19)
      
         Defendant: Agenzia delle Entrate
      
         Operative part of the order
      
      Article 108(3) TFEU, Commission Decision C(2008) 380 of 25 January 2008, ‘State aid N 39/2007 — Italy — Tax credit for new investment in less-favoured areas’, and the principle of proportionality must be interpreted as not precluding legislation of a Member State pursuant to which the award of aid, under an aid scheme established by that Member State and authorised by that decision, is subject to a declaration by the applicant that it has not received aid declared unlawful and incompatible by the European Commission, which it has failed to repay or deposit into a blocked account, even though it is not the subject of a request for repayment and despite the fact that that decision does not explicitly provide for such a requirement.
      
         (1)  OJ C 328, 30.9.2019.