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Case C-280/05: Judgment of the Court (Third Chamber) of 6 December 2007 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — State aid — Incompatibility with the common market — Duty to recover — Non-fulfilment)
ECLI:EU:UNKNOWN:62005CA0280
62005CA0280
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Valentina R., lawyer
26.1.2008
Official Journal of the European Union
C 22/2
(Case C-280/05)
(Failure of a Member State to fulfil obligations - State aid - Incompatibility with the common market - Duty to recover - Non-fulfilment)
(2008/C 22/03)
Language of the case: Italian
Parties
Applicant: Commission of the European Communities (represented by: V. Di Bucci and E. Righini, acting as Agents)
Defendant: Italian Republic (represented by: I.M. Braguglia, acting as Agent, and D. Del Gaizo, lawyer)
Re:
Failure of a Member State to fulfil obligations — Infringement of Articles 2, 3 and 4 of Commission Decision 2004/800/EC of 30 March 2004 declaring incompatible with the common market the aid scheme put into effect by Italy providing for urgent measures to assist employment in firms in financial difficulty, in special administration, and having at least 1 000 employees (Aid No CR 62/2003, ex NN 7/2003 — Italy) (OJ 2004 L 352, p. 10) — Failure to adopt, within the prescribed period, the measures necessary to recover the aid declared incompatible with the common market
Operative part of the judgment
The Court:
1.Declares that, by failing to adopt, within the prescribed period, the measures necessary to recover from the beneficiaries the aid declared unlawful and incompatible with the common market by Commission Decision 2004/800/EC of 30 March 2004 on the State aid scheme put into effect by Italy providing for urgent measures to assist employment, 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.
* * *
(1) OJ C 229, 17.9.2005.