18.6.2011

Official Journal of the European Union

C 179/4

(Case C-331/09) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - State aid - Aid granted by the Republic of Poland to Technologie Buczek Group - Commission decision declaring that aid to be incompatible with the common market and ordering its recovery - Failure to implement within the prescribed period)

2011/C 179/05

Language of the case: Polish

Parties

Applicant: European Commission (represented by: K. Gross and A. Stobiecka-Kuik, acting as Agents)

Defendant: Republic of Poland (represented by: M. Krasnodębska-Tomkiel, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt or notify, within the period prescribed, the provisions necessary to ensure compliance with the Commission Decision of 23 October 2007 on State Aid C 23/06 (ex NN 35/06) which Poland has implemented for the steel producer Technologie Buczek Group (State aid C(2007) 5087) (OJ 2008 L 116, p. 26) — No immediate and effective implementation of that decision — Implementation not absolutely impossible

Operative part of the judgment

The Court:

1.Declares that, by failing to take, within the period prescribed, all the measures necessary to implement Commission Decision 2008/344/EC of 23 October 2007 on State Aid C 23/06 (ex NN 35/06) which Poland has implemented for steel producer Technologie Buczek Group, the Republic of Poland has failed to comply with the provisions of the fourth subparagraph of Article 249 EC and Articles 3 and 4 of that decision;

2.Orders the Republic of Poland to pay the costs.

(<span class="super">1</span>) OJ C 312, 19.12.2009.