23.11.2013

Official Journal of the European Union

C 344/35

(Case C-353/12) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - State aid - Aid for Ixfin SpA - Aid which is illegal and incompatible with the internal market - Recovery - Non-performance)

2013/C 344/60

Language of the case: Italian

Parties

Applicant: European Commission (represented by: D. Grespan, B. Stromsky and S. Thomas, acting as Agents)

Defendant: Italian Republic (represented by G. Palmieri, acting as Agent, and E. De Giovanni, avvocato dello Stato)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt the measures necessary to comply with Articles 2, 3 and 4 of Commission Decision C(2009) 8123 of 28 October 2009 on State aid C 59/07 implemented by Italy for Ixfin SpA (OJ 2010 L 167, p. 39) — Obligation to recover immediately aid declared unlawful and incompatible with the common market and to inform the Commission thereof — Insolvent undertaking — Implementation not absolutely impossible

Operative part of the judgment

The Court:

1.Declares that, by failing to adopt within the prescribed period all measures necessary to recover from Ixfin SpA the State aid declared unlawful and incompatible with the internal market in Article 1 of Commission Decision 2010/359/EC of 28 October 2009 on State aid C 59/07 (ex N 127/06 and NN 13/06) implemented by Italy for Ixfin SpA, and by not having submitted to the European Commission, within the period prescribed, the information listed in Article 4 of that decision, the Italian Republic has failed to fulfil its obligations under the fourth paragraph of Article 288 TFEU and under Articles 2 to 4 of that decision;

2.Orders the Italian Republic to pay the costs.

(<span class="super">1</span>) OJ C 287, 22.9.2012.