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Case C-305/09: Action brought on 30 July 2009 — Commission v Italian Republic
ECLI:EU:UNKNOWN:62009CN0305
62009CN0305
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24.10.2009
EN
Official Journal of the European Union
C 256/11
(Case C-305/09)
2009/C 256/22
Language of the case: Italian
Parties
Applicant: Commission of the European Communities (represented by: L. Flynn and E. Righini, Agents)
Defendant: Italian Republic
Form of order sought
—Declare that, by failing to take, within the prescribed time-limits, all the measures necessary to withdraw the aid scheme considered unlawful and incompatible with the common market by Commission Decision 2005/919/EC of 14 December 2004 on the aid scheme for urgent measures to promote development and correct the trend in public finances (notified on 17 December 2004 under document No C(2004) 4746 (OJ 2005 L 335, p. 39) and to recover from the beneficiaries the aid granted under that scheme, the Italian Republic has failed to fulfil its obligations under Articles 2, 3 and 4 of that decision and the EC Treaty.
—Order the Italian Republic to pay the costs.
Pleas in law and main arguments
The time limit within which Italian Republic was required to withdraw the aid scheme and recover the unlawfully paid aid expired two months after the date of notification of the decision in question. More than four years later, the Italian authorities have recovered only approximately 65 % of the aid, in respect of which an order for payment has been issued, and have yet to communicate to the Commission the amount of aid paid to beneficiaries who were not entitled in the first place to benefit from scheme.