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Case C-411/12: Judgment of the Court (Eighth Chamber) of 12 December 2013 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — State aid — Preferential electricity tariff — Decision 2011/746/EU — Aid incompatible with the internal market — Recovery — Failure to implement within the prescribed period)
ECLI:EU:UNKNOWN:62012CA0411
62012CA0411
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22.2.2014
Official Journal of the European Union
C 52/17
(Case C-411/12) (<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - State aid - Preferential electricity tariff - Decision 2011/746/EU - Aid incompatible with the internal market - Recovery - Failure to implement within the prescribed period)
2014/C 52/27
Language of the case: Italian
Parties
Applicant: European Commission (represented by: B. Stromsky, D. Grespan and S. Thomas, acting as Agents)
Defendant: Italian Republic (represented by: G. Palmieri, assisted by S. Fiorentino, acting as Agents)
Re:
Failure of a Member State to fulfil obligations — State aid — Failure to adopt the measures necessary to comply with Articles 3, 4 and 5 of Commission Decision 2011/746/EU of 23 February 2011 on State aid granted by Italy to Portovesme Srl, ILA SpA, Eurallumina SpA and Syndial SpA (OJ 2011 L 309, p. 1) — Obligation to recover without delay the aid declared unlawful and incompatible with the common market and to notify the Commission of the measures taken.
Operative part of the judgment
The Court:
1.Declares that, by not taking, within the prescribed period, all the measures necessary to recover from Portovesme Srl and Eurallumina SpA the State aid declared unlawful and incompatible with the internal market in Article 2 of Commission Decision 2011/746/EU of 23 February 2011 on State aid measures C 38/B/04 (ex NN 58/04) and C 13/06 (ex N 587/05) granted by Italy to Portovesme Srl, ILA SpA, Eurallumina SpA and Syndial SpA, the Italian Republic failed to fulfil its obligations under Articles 3 and 4 of that decision.
2.Orders the Italian Republic to pay the costs.
(<span class="super">1</span>) OJ C 355, 17.11.2012.