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Case C-588/23, Scai: Judgment of the Court (Tenth Chamber) of 16 January 2025 (request for a preliminary ruling from the Tribunale Amministrativo Regionale della Campania – Italy) – Scai Srl v Regione Campania (Reference for a preliminary ruling – Recovery of unlawful and incompatible aid – Regulation (EU) 2015/1589 – Article 16 – Beneficiary of individual aid identified in the European Commission recovery decision – Implementation of the recovery decision – Transfer of the aid to another undertaking after the recovery decision – Economic continuity – Assessment – Competent authority – Extension of the recovery obligation to the actual beneficiary – Audi alteram partem rule – Articles 41 and 47 of the Charter of Fundamental Rights of the European Union)
ECLI:EU:UNKNOWN:62023CA0588
62023CA0588
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Official Journal of the European Union
C series
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C/2025/1399
10.3.2025
(Case C-588/23,
Scai)
(Reference for a preliminary ruling - Recovery of unlawful and incompatible aid - Regulation (EU) 2015/1589 - Article 16 - Beneficiary of individual aid identified in the European Commission recovery decision - Implementation of the recovery decision - Transfer of the aid to another undertaking after the recovery decision - Economic continuity - Assessment - Competent authority - Extension of the recovery obligation to the actual beneficiary - Audi alteram partem rule - Articles 41 and 47 of the Charter of Fundamental Rights of the European Union)
(C/2025/1399)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Scai Srl
Defendant: Regione Campania
Operative part of the judgment
Article 108 and the fourth paragraph of Article 288 TFEU, Articles 16 and 31 of Council Regulation (EU) 2015/1589 of 13 July 2015, laying down detailed rules for the application of Article 108 [TFEU], and Articles 41 and 47 of the Charter of Fundamental Rights of the European Union,
must be interpreted as meaning that in a situation where a decision of the European Commission orders the recovery of State aid from a beneficiary which it identifies, those provisions do not preclude national legislation under which the competent national authorities, in the context of their task of implementing that decision, may order the recovery of that aid from another undertaking on account of the existence of economic continuity between that undertaking and the beneficiary of the aid identified in that decision.
ELI: http://data.europa.eu/eli/C/2025/1399/oj
ISSN 1977-091X (electronic edition)
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