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Case C-576/18: Judgment of the Court (Sixth Chamber) of 12 March 2020 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Recovery of unlawful aid granted to the hotel industry in Sardinia — Article 260(2) TFEU — Pecuniary penalties — Penalty payment and lump sum)

ECLI:EU:UNKNOWN:62018CA0576

62018CA0576

March 12, 2020
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29.6.2020

Official Journal of the European Union

C 215/11

(Case C-576/18) (*)

(Failure of a Member State to fulfil obligations - Judgment of the Court establishing a failure to fulfil obligations - Non-compliance - Recovery of unlawful aid granted to the hotel industry in Sardinia - Article 260(2) TFEU - Pecuniary penalties - Penalty payment and lump sum)

(2020/C 215/12)

Language of the case: Italian

Parties

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

Defendant: Italian Republic (represented by: G. Palmieri, F. Varrone and E. Manzo, acting as Agents)

Operative part of the judgment

The Court:

1.Declares that, by failing to take, on the date on which the period prescribed in the letter of formal notice issued on 11 July 2014 by the European Commission, all the measures necessary to comply with the judgment of 29 March 2012, Commission v Italy (C-243/10, not published, EU:C:2012:182), the Italian Republic has failed to fulfil its obligations under Article 260(1) TFUE.

2.Orders the Italian Republic to pay the European Commission a periodic penalty payment of EUR 80 000 per day from the date of delivery of the present judgement until the date of compliance with the judgment of 29 March 2012, Commission v Italy (C-243/10, not published, EU:C:2012:182).

3.Orders the Italian Republic to pay to the European Commission a lump sum EUR 7 500 000.

4.Orders the Italian Republic to pay the costs.

(*)

OJ C 399, 5.11.2018.

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