CELEX: C2006/178/15
Language: en
Date: 2006-07-29 00:00:00
Title: Case C-207/05: Judgement of the Court (First Chamber) of  1 June 2006  — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — State aid — Second subparagraph of Article 88(2) EC — Aid incompatible with the common market — Duty to recover — Non-fulfilment)

29.7.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 178/10
            
         Judgement of the Court (First Chamber) of 1 June 2006 — Commission of the European Communities v Italian Republic
   (Case C-207/05) (1)
   
   (Failure of a Member State to fulfil obligations - State aid - Second subparagraph of Article 88(2) EC - Aid incompatible with the common market - Duty to recover - Non-fulfilment)
   (2006/C 178/15)
   Language of the case: Italian
   Parties
   
      Applicant: Commission of the European Communities (represented by: V. Di Bucci and L. Pignataro, Agents)
   
      Defendant: Italian Republic (represented by: I.M. Braguglia, Agent, assisted by M. Fiorilli, avvocato dello Stato)
   Re:
   Failure of a Member State to fulfil obligations — Breach of Articles 3 and 4 of Commission Decision 2003/193/EC of 5 June 2002 on State aid granted by Italy in the form of tax exemptions and subsidised loans to public utilities with a majority public capital holding [C-27/99 (ex NN 69/98)] (OJ L 77,2003, p. 21) — Failure to adopt, within the prescribed period, the necessary measures to recover aid declared incompatible with the common market
   Operative part of the judgement
   The Court:
   
               1.
            
            
               Declares that by failing to adopt, within the prescribed period, the necessary measures to recover aid declared unlawful land incompatible with the common market by Commission Decision 2003/193/EC of 5 June 2002 on State aid granted by Italy in the form of tax exemptions and subsidised loans to public utilities with a majority public capital holding, the Italian Republic has failed to fulfil its obligations under Articles 3 and 4 of that decision.
            
         
               2.
            
            
               Orders the Italian Republic to pay the costs.
            
         
      (1)  OJ C 182, 23.7.2005.