CELEX: 62009CA0454
Language: en
Date: 2011-10-13 00:00:00
Title: Case C-454/09: 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)

3.12.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 355/4
            
         Judgment of the Court (Fifth Chamber) of 13 October 2011 — European Commission v Italian Republic
   (Case C-454/09) (1)
   
   (Failure of a Member State to fulfil obligations - State aid - Aid for New Interline SpA - Recovery)
   2011/C 355/05
   Language of the case: Italian
   
      Parties
   
   
      Applicant: European Commission (represented by: E. Righini, B. Stromsky and D. Grespan, acting as Agents)
   
      Defendant: Italian Republic (represented by: G. Palmieir, acting as Agent, P. Gentili and B. Tidore, avvocati dello Stato)
   
      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) implemented by Italy for New Interline (notified under document number C(2008) 1321)
   
      Operative part of the judgment
   
   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.
            
         
      (1)  OJ C 24, 30.1.2010.