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Case C-454/09: Action brought on 19 November 2009 — Commission of the European Communities v Italian Republic
ECLI:EU:UNKNOWN:62009CN0454
62009CN0454
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Valentina R., lawyer
30.1.2010
EN
Official Journal of the European Union
C 24/33
(Case C-454/09)
2010/C 24/60
Language of the case: Italian
Parties
Applicant: Commission of the European Communities (represented by: E. Righini and B. Stromsky, agents)
Defendant: Italian Republic
Form of order sought
—Declare that, by failing to take, within the prescribed time-limits, all the measures necessary to withdraw the aid considered unlawful and incompatible with the common market by Commission Decision No 2008/697/EC (1) 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 on 17 June 2008), the Italian Republic has failed to fulfil its obligations under Articles 2, 3 and 4 of that decision and the EC Treaty.
—order the Italian Republic to pay the costs.
Pleas in law and main arguments
The time limit within which Italy was required to withdraw and recover the unlawfully paid aid expired four months after the date of notification of the decision in question. More than a year later, the Italian authorities have yet to adopt the measures necessary to implement the decision and recover the aid.
(1) OJ 2008 L 235, p. 12.