17.11.2012

EN

Official Journal of the European Union

C 355/10

(Case C-411/12)

2012/C 355/16

Language of the case: Italian

Parties

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

Defendant: Italian Republic

Form of order sought

—Declare that, by failing to adopt, within the prescribed period, all the measures necessary to abolish the State aid scheme found to be unlawful and incompatible with the common market by Commission Decision 2011/746/EU of 23 February 2011 on State aid granted by Italy to Portovesme Srl, ILA SpA, Eurallumina SpA and Syndial SpA (State aid measures C 38/B/2004 (ex NN 58/2004) and C 13/2006 (ex N 587/2005) (notified under document C(2011) 956 on 24 February 2012 and published in OJ 2011 L 309, pp. 1 to 22), the Italian Republic has failed to fulfil its obligations under Articles 3, 4 and 5 of that decision and under the TFEU Treaty;

—Order the Italian Republic to pay the costs.

Pleas in law and main arguments

The period allowed by the decision for recovery of the State aid declared unlawful expired on 24 June 2011. Furthermore, the defendant was required to notify the Commission, by 24 April 2001, of the total amount of aid to be recovered and the measures taken and planned to comply with the decision.

At the date on which the present proceedings were brought, the defendant had not yet adopted the measures necessary to recover the aid granted to the recipient undertakings or communicated to the Commission all the information requested.