CELEX: 62009CA0529
Language: en
Date: 2013-01-24 00:00:00
Title: Case C-529/09: Judgment of the Court (First Chamber) of 24 January 2013 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — State aid incompatible with the common market — Obligation of recovery — Failure to comply with a Commission Decision — Objection of inadmissibility — Res judicata by means of a previous judgment of the Court)

9.3.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 71/2
            
         Judgment of the Court (First Chamber) of 24 January 2013 — European Commission v Kingdom of Spain
   (Case C-529/09) (1)
   
   (Failure of a Member State to fulfil obligations - State aid incompatible with the common market - Obligation of recovery - Failure to comply with a Commission Decision - Objection of inadmissibility - Res judicata by means of a previous judgment of the Court)
   2013/C 71/02
   Language of the case: Spanish
   
      Parties
   
   
      Applicant: European Commission (represented by: L. Flynn and C. Urraca Caviedes, acting as Agents)
   
      Defendant: Kingdom of Spain (represented by: N. Díaz Abad, acting as Agent)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Infringement of Article 288 TFEU and of Articles 2 and 3 of Commission Decision 1999/509/EC of 14 October 1998 concerning aid granted by Spain to companies in the Magefesa group and their successors (OJ 1999 L 198, p. 15) — Aid granted to Industrias Domésticas, S.A. (Indosa)
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by failing to adopt, within the prescribed period, the measures necessary to comply with Commission Decision 1999/509/EC of 14 October 1998 concerning aid granted by Spain to companies in the Magefesa group and their successors, as regards the undertaking Industrias Domésticas SA, the Kingdom of Spain has failed to fulfil its obligations under the fourth paragraph of Article 288 TFEU and under Articles 2 and 3 of that decision.
            
         
               2.
            
            
               Orders the Kingdom of Spain to pay the costs.
            
         
      (1)  OJ C 51, 27.2.2010.