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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)
ECLI:EU:UNKNOWN:62009CA0454
62009CA0454
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Official Journal of the European Union
C 355/4
(Case C-454/09) (<span class="super">1</span>)
(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.
(<span class="super">1</span>) OJ C 24, 30.1.2010.