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Case C-507/08: Judgment of the Court (Fourth Chamber) of 22 December 2010 — European Commission v Slovak Republic (Failure of a Member State to fulfil obligations — State aid — Partial write-off of a company’s tax liability as part of an arrangement with creditors — Commission decision declaring that aid incompatible with the common market and ordering its recovery — Failure to execute)
ECLI:EU:UNKNOWN:62008CA0507
62008CA0507
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26.2.2011
Official Journal of the European Union
C 63/2
(Case C-507/08) (<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - State aid - Partial write-off of a company’s tax liability as part of an arrangement with creditors - Commission decision declaring that aid incompatible with the common market and ordering its recovery - Failure to execute)
2011/C 63/03
Language of the case: Slovak
Parties
Applicant: European Commission (represented by: C. Giolito, J. Javorský and K. Walkerová, acting as Agents)
Defendant: Slovak Republic (represented by: B Ricziová, acting as Agent)
Re:
Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the measures necessary to comply with Commission Decision 2007/254/EC of 7 June 2006 [notified under number C(2006) 2082], which found that aid granted by the Slovak Republic in favour of Frucona Košice in the form of a write-off of a tax debt by the tax office under an arrangement with creditors was incompatible with the common market and ordered its recovery (State Aid No C-25/2005 (ex NN 21/2005) (OJ 2007 L 112, p. 14)).
Operative part of the judgment
The Court:
1.Declares that, by failing to take within the prescribed period all the measures necessary to recover from the beneficiary the aid referred to in Commission Decision 2007/254/EC of 7 June 2006 on State aid C 25/2005 (ex NN 21/2005) implemented by the Slovak Republic for Frucona Košice a.s., the Slovak Republic has failed to fulfil its obligations under the fourth paragraph of Article 249 EC and Article 2 of that decision;
2.Orders the Slovak Republic to pay the costs.
(<span class="super">1</span>) OJ C 102, 01.05.2009.