CELEX: 62009CA0305
Language: en
Date: 2011-05-05 00:00:00
Title: Case C-305/09: Judgment of the Court (First Chamber) of 5 May 2011 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — State aid — Tax incentives in favour of companies taking part in trade fairs abroad — Recovery)

25.6.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 186/3
            
         Judgment of the Court (First Chamber) of 5 May 2011 — European Commission v Italian Republic
   (Case C-305/09) (1)
   
   (Failure of a Member State to fulfil obligations - State aid - Tax incentives in favour of companies taking part in trade fairs abroad - Recovery)
   2011/C 186/04
   Language of the case: Italian
   
      Parties
   
   
      Applicant: European Commission (represented by: L. Flynn, V. Di Bucci and E. Righini, Agents)
   
      Defendant: Italian Republic (represented by: G. Palmieri, Agent, assisted by D. Del Gaizo and P. Gentili, avvocati dello Stato)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Failure to take, within the prescribed time-limit, the measures necessary to comply with Articles 2, 3 and 4 of Commission Decision 2005/919/EC of 14 December 2004: Direct tax incentives in favour of companies taking part in trade fairs abroad (notified under document No C(2004) 4746) (OJ 2005 L 335, p. 39)
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by failing to adopt, within the prescribed time-limits, all necessary measures to recover from the beneficiaries all the aid granted under the aid scheme declared unlawful and incompatible with the common market by Commission Decision 2005/919/EC of 14 December 2004 [on direct] tax incentives in favour of companies taking part in trade fairs abroad, the Italian Republic has failed to fulfil its obligations under Article 2 of that decision;
            
         
               2.
            
            
               Orders the Italian Republic to pay the costs.
            
         
      (1)  OJ C 256, 24.10.2009.