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Joined Cases C-415/19 to C–417/19: Order of the Court (Sixth Chamber) of 6 May 2020 (requests for a preliminary ruling from the Corte suprema di cassazione — Italy) — Blumar SpA (C-415/19), Roberto Abate SpA (C-416/19), Commerciale Gicap SpA (C-417/19) v Agenzia delle Entrate (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — State aid — European Commission decision declaring an aid scheme compatible with the internal market — National legislation precluding the award of aid under the authorised scheme in the event of non-compliance with a condition not provided for in the Commission decision)

ECLI:EU:UNKNOWN:62019CB0415

62019CB0415

May 6, 2020
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31.8.2020

Official Journal of the European Union

C 287/19

(Joined Cases C-415/19 to C–417/19) (*)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - State aid - European Commission decision declaring an aid scheme compatible with the internal market - National legislation precluding the award of aid under the authorised scheme in the event of non-compliance with a condition not provided for in the Commission decision)

(2020/C 287/27)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicants: Blumar SpA (C-415/19), Roberto Abate SpA (C-416/19), Commerciale Gicap SpA (C-417/19)

Defendant: Agenzia delle Entrate

Operative part of the order

Article 108(3) TFEU, Commission Decision C(2008) 380 of 25 January 2008, ‘State aid N 39/2007 — Italy — Tax credit for new investment in less-favoured areas’, and the principle of proportionality must be interpreted as not precluding legislation of a Member State pursuant to which the award of aid, under an aid scheme established by that Member State and authorised by that decision, is subject to a declaration by the applicant that it has not received aid declared unlawful and incompatible by the European Commission, which it has failed to repay or deposit into a blocked account, even though it is not the subject of a request for repayment and despite the fact that that decision does not explicitly provide for such a requirement.

(*)

Language of the case: Italian

* * *

(2020/C 287/27)

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