22.9.2012

EN

Official Journal of the European Union

C 287/26

(Case C-344/12)

2012/C 287/49

Language of the case: Italian

Parties

Applicant: European Commission (represented by: D. Grespan and G. Conte, acting as Agents)

Defendant: Italian Republic

Form of order sought

—Declare that, by having failed to adopt, within the periods prescribed, all the measures necessary to implement Decision C(2009) 8112 of 19 November 2009 concerning State aids Nos C 38/A/2004 (ex NN 58/2004) and C 36/B/2006 (ex NN 38/2006) granted by Italy to Alcoa Trasformazioni, the Italian Republic has failed to fulfil its obligations under Articles 2, 3 and 4 of that decision and under Article 288 TFEU;

—order the Italian Republic to pay the costs.

Pleas in law and main arguments

The subject-matter of the Commission’s action is the failure by the Italian Republic to give effect to the Commission’s decision relating to unlawful State aid granted to the company Alcoa.

First, pursuant to Article 4 of the decision in question, Italy was required to notify the Commission, by 20 January 2010, of the total amount of the aid to be recovered, of the measures adopted and envisaged for the purpose of complying with the decision and of the documents showing that the beneficiary had been required to repay the aid. Second, in accordance with Article 2, in conjunction with Article 3, of the decision, Italy was required to recover the aid from the beneficiary by 20 March 2010.

As at the date of commencement of this action, the defendant had not yet adopted all the measures necessary to comply with those obligations.