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Judgment of the Court (Fifth Chamber) of 13 October 2011. # European Commission v Italian Republic. # Failure of a Member State to fulfil obligations - State aid - Aid for New Interline SpA - Recovery. # Case C-454/09.
ECLI:EU:C:2011:650
62009CJ0454
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(Case C-454/09)
Failure of a Member State to fulfil obligations – State aid – Aid for New Interline SpA – Recovery
Re:
Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, all the measures necessary to comply with Articles 2, 3 and 4 of Commission Decision 2008/697/EC of 16 April 2008 on State Aid C 13/07 (ex NN 15/06 and N 734/06) implemented by Italy for New Interline (notified under document number C(2008) 1321).
Operative part
The Court:
1.Declares that, by failing to adopt, within the prescribed period, all the measures necessary to ensure implementation of Commission Decision 2008/697/EC of 16 April 2008 on State Aid C 13/07 (ex NN 15/06 and N 734/06) implemented by Italy for New Interline, the Italian Republic has failed to fulfil its obligations under the fourth paragraph of Article 249 EC and Articles 2 and 3 of that decision;
2.Orders the Italian Republic to pay the costs.