CELEX: 62014CA0089
Language: en
Date: 2015-09-03 00:00:00
Title: Case C-89/14: Judgment of the Court (Fifth Chamber) of 3 September 2015 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — A2A SpA v Agenzia delle Entrate (Request for a preliminary ruling — State aid — Determination of the calculation of interest relating to the recovery of aid that is incompatible with the common market — Simple or compound interest — National legislation referring, for the calculation of interest, to Regulation (EC) No 794/2004 — Recovery decision notified before that regulation entered into force)

26.10.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 354/5
            
         Judgment of the Court (Fifth Chamber) of 3 September 2015 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — A2A SpA v Agenzia delle Entrate
   (Case C-89/14) (1)
   
   ((Request for a preliminary ruling - State aid - Determination of the calculation of interest relating to the recovery of aid that is incompatible with the common market - Simple or compound interest - National legislation referring, for the calculation of interest, to Regulation (EC) No 794/2004 - Recovery decision notified before that regulation entered into force))
   (2015/C 354/05)
   Language of the case: Italian
   
      Referring court
   
   Corte suprema di cassazione
   
      Parties to the main proceedings
   
   
      Applicant: A2A SpA
   
      Defendant: Agenzia delle Entrate
   
      Operative part of the judgment
   
   Article 14 of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty, and Articles 11 and 13 of Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Regulation No 659/1999, do not preclude national legislation, such as Article 24(4) of Decree-Law No 185/2008 of 29 November 2008, on urgent measures to support families, work, employment and business, and to restructure the national strategic framework to combat the crisis, converted into law, with amendments, by Law No 2 of 28 January 2009, which, by means of a reference to Regulation No 794/2004, provides for the application of compound interest to the recovery of State aid, even though the decision declaring that aid incompatible with the common market and ordering its recovery was adopted and notified to the Member State concerned before that regulation entered into force.
   
      (1)  OJ C 142, 12.5.2014.