CELEX: C2007/269/25
Language: en
Date: 2007-11-10 00:00:00
Title: Case C-177/06: Judgment of the Court (Second Chamber) of 20 September 2007 — Commission of the European Communities v Kingdom of Spain (State Aid — Aid scheme — Incompatibility with the common market — Commission decision — Implementation — Abolition of the aid scheme — Cancellation of outstanding aid — Recovery of aid made available — Failure to fulfil obligations — Defences — Illegality of the decision — Absolute impossibility of giving effect to a decision)

10.11.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 269/13
            
         Judgment of the Court (Second Chamber) of 20 September 2007 — Commission of the European Communities v Kingdom of Spain
   (Case C-177/06) (1)
   
   (State Aid - Aid scheme - Incompatibility with the common market - Commission decision - Implementation - Abolition of the aid scheme - Cancellation of outstanding aid - Recovery of aid made available - Failure to fulfil obligations - Defences - Illegality of the decision - Absolute impossibility of giving effect to a decision)
   (2007/C 269/25)
   Language of the case: Spanish
   Parties
   
      Applicant: Commission of the European Communities (represented by: F. Castillo de la Torre and C. Urraca Caviedes, acting as Agents)
   
      Defendant: Kingdom of Spain (represented by: N. Díaz Abad, Agent)
   Re:
   Member State's failure to fulfil its obligations — Failure to adopt, within the period prescribed, the measures necessary to ensure implementation of Articles 2 and 3 of the Commission's Decisions of 20 December 2001 on a State aid scheme implemented by Spain in 1993 for certain newly established firms in Guipúzcoa (Spain) (C(2001) 4448) (OJ L 77 of 24 March 2003, p. 1), in Álava (Spain) (C(2001) 4475) (OJ L 17 of 22 January 2003, p. 20) and in Vizcaya (Spain) (C(2001) 4478) (OJ L 40 of 14 February 2003, p. 11).
   Operative part of the judgment
   The Court rules:
   
               1.
            
            
               In failing to take the necessary measures within the prescribed period, to comply with Articles 2 and 3 of each of:
               
                           —
                        
                        
                           Commission Decision 2003/28/EC of 20 December 2001 on a State aid scheme implemented by Spain in 1993 for certain newly established firms in Álava (Spain);
                        
                     
                           —
                        
                        
                           Commission Decision 2003/86/EC of 20 December 2001 on a State aid scheme implemented by Spain in 1993 for certain newly established firms in Vizcaya (Spain);
                        
                     
                           —
                        
                        
                           Commission Decision 2003/192/EC of 2 December 2001 on a State aid scheme implemented by Spain in 1993 for certain newly established firms in Guipúzcoa (Spain),
                        
                     the Kingdom of Spain has failed to fulfil its obligations under those provisions;
            
         
               2.
            
            
               The Kingdom of Spain is ordered to pay the costs.
            
         
      (1)  OJ C 143, 17.6.2006.