26.2.2011

Official Journal of the European Union

C 63/6

(Case C-304/09) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - State aid - Aid for newly listed companies - Recovery)

2011/C 63/11

Language of the case: Italian

Parties

Applicant: European Commission (represented by: L. Flynn, E. Righini and V. Di Bucci, Agents)

Defendant: Italian Republic (represented by: G. Palmieri, Agent, assisted by P. Gentili, avvocato dello Stato)

Re:

Failure of a Member State to fulfil obligations — Failure to take, within the period prescribed, the measures necessary to comply with Articles 2, 3 and 4 of Commission Decision 2006/261/EC of 16 March 2005 on aid scheme C 8/2004 (ex NN 164/2003) implemented by Italy in favour of newly listed companies (notified under document No C(2005) 591) (OJ 2006 L 94, p. 42).

Operative part of the judgment

The Court:

1.Declares that, by failing to adopt, within the time-limits laid down, all the measures necessary to abolish the aid scheme which was declared unlawful and incompatible with the common market by Commission Decision 2006/261/EC of 16 March 2005 on aid scheme C 8/2004 (ex NN 164/2003) implemented by Italy in favour of newly listed companies and to recover from the beneficiaries the aid granted under that scheme, the Italian Republic has failed to fulfil its obligations under Articles 2 and 3 of that decision.

2.Orders the Italian Republic to pay the costs.

(<span class="super">1</span>)

OJ C 256, 24.10.2009.