CELEX: 62008CA0507
Language: en
Date: 2010-12-22 00:00:00
Title: Case C-507/08: Judgment of the Court (Fourth Chamber) of 22 December 2010 — European Commission v Slovak Republic (Failure of a Member State to fulfil obligations — State aid — Partial write-off of a company’s tax liability as part of an arrangement with creditors — Commission decision declaring that aid incompatible with the common market and ordering its recovery — Failure to execute)

26.2.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 63/2
            
         Judgment of the Court (Fourth Chamber) of 22 December 2010 — European Commission v Slovak Republic
   (Case C-507/08) (1)
   
   (Failure of a Member State to fulfil obligations - State aid - Partial write-off of a company’s tax liability as part of an arrangement with creditors - Commission decision declaring that aid incompatible with the common market and ordering its recovery - Failure to execute)
   2011/C 63/03
   Language of the case: Slovak
   
      Parties
   
   
      Applicant: European Commission (represented by: C. Giolito, J. Javorský and K. Walkerová, acting as Agents)
   
      Defendant: Slovak Republic (represented by: B Ricziová, acting as Agent)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the measures necessary to comply with Commission Decision 2007/254/EC of 7 June 2006 [notified under number C(2006) 2082], which found that aid granted by the Slovak Republic in favour of Frucona Košice in the form of a write-off of a tax debt by the tax office under an arrangement with creditors was incompatible with the common market and ordered its recovery (State Aid No C-25/2005 (ex NN 21/2005) (OJ 2007 L 112, p. 14).
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by failing to take within the prescribed period all the measures necessary to recover from the beneficiary the aid referred to in Commission Decision 2007/254/EC of 7 June 2006 on State aid C 25/2005 (ex NN 21/2005) implemented by the Slovak Republic for Frucona Košice a.s., the Slovak Republic has failed to fulfil its obligations under the fourth paragraph of Article 249 EC and Article 2 of that decision;
            
         
               2.
            
            
               Orders the Slovak Republic to pay the costs.
            
         
      (1)  OJ C 102, 01.05.2009.