26.5.2012

Official Journal of the European Union

C 151/4

(Case C-243/10) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - State aid - Aid in favour of the hotel industry in Sardinia - Recovery)

2012/C 151/07

Language of the case: Italian

Parties

Applicant: European Commission (represented by: D. Grespan and B. Stromsky, Agents)

Defendant: Italian Republic (represented by: G. Palmieri, Agent and P. Gentili, avvocato dello Stato)

Re:

Failure of a Member State to fulfil its obligations — Failure to adopt, within the prescribed period, all the measures necessary to comply with Articles 2, 3 and 4 of Commission Decision 2008/854/EC of 2 July 2008 on a State aid scheme (C 1/04 (ex NN 158/03 and CP 15/2003)): Misuse of aid measure N 272/98, Regional Act No 9 of 1998 (notified under document number C(2008) 2997) (OJ 2008 L 302, p. 9)

Operative part of the judgment

The Court:

1.Declares that, by not adopting within the prescribed period all the measures necessary to recover from the recipients the aid granted under the aid scheme considered unlawful and incompatible with the common market by Commission Decision 2008/854/EC of 2 July 2008 on a State aid scheme (C 1/04 (ex NN 158/03 and CP 15/2003)): Misuse of aid measure N 272/98, Regional Act No 9 of 1998, the Italian Republic has failed to fulfil its obligations under Articles 2 and 3 of that decision;

2.Orders the Italian Republic to pay the costs.

* Language of the case: Italian.

(<span class="super">1</span>) OJ C 209, 31.07.2010.