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Case C-591/14: Judgment of the Court (Fourth Chamber) of 13 September 2017 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — State aid — Decision 2011/678/EU — State aid for financing screening of transmissible spongiform encephalopathies (TSE) in bovine animals — Aid incompatible with the internal market — Obligation of recovery — Non-performance)
ECLI:EU:UNKNOWN:62014CA0591
62014CA0591
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Official Journal of the European Union
C 382/5
(Case C-591/14) (<span class="super note-tag">1</span>)
((Failure of a Member State to fulfil obligations - State aid - Decision 2011/678/EU - State aid for financing screening of transmissible spongiform encephalopathies (TSE) in bovine animals - Aid incompatible with the internal market - Obligation of recovery - Non-performance))
(2017/C 382/03)
Language of the case: French
Parties
Applicant: European Commission (represented by: J.-F. Brakeland, B. Stromsky, S. Noë and H. van Vliet, acting as Agents)
Defendant: Kingdom of Belgium (represented by: C. Pochet, L. Van den Broeck and J. C. Halleux, acting as Agents, and L. Van den Hende and J. Charles, avocats)
Operative part of the judgment
The Court:
1.Declares that, by failing to take all the necessary measures to recover from the beneficiaries the State aid declared unlawful and incompatible with the internal market by Article 1(3) and (4) of Commission Decision 2011/678/EU of 27 July 2011 concerning the State aid for financing screening of transmissible spongiform encephalopathies (TSE) in bovine animals implemented by Belgium (State aid C 44/08 (ex NN 45/04)), and by failing to inform the European Commission of the measures taken to comply with that decision, the Kingdom of Belgium has failed to fulfil its obligations under the fourth paragraph of Article 288 TFEU and Articles 2 to 4 of that decision;
2.Orders the Kingdom of Belgium to pay the costs.
(<span class="note">1</span>) OJ C 73, 2.3.2015.