Official Journal of the European Union

C 25/5

(Case C-496/09) (*)

(Failure of a Member State to fulfil obligations - Judgment of the Court establishing a failure to fulfil obligations - Failure to comply with the judgment - Article 228 EC - Financial penalties)

(2012/C 25/07)

Language of the case: Italian

Parties

Applicant: European Commission (represented by: L. Pignataro, E. Righini and B. Stromsky, Agents)

Defendant: Italian Republic (represented by: G. Palmieri, Agent, F. Arena and S. Fiorentino, avvocati dello Stato)

Re:

Failure of a Member State to fulfil obligations — Article 228 EC — Failure to comply with the judgment of the Court of Justice of 1 April 2004 in Case C-99/02 — Application for a penalty payment to be imposed

Operative part of the judgment

The Court:

1.Declares that, by failing, by the date of expiry of the period prescribed in the reasoned opinion issued by the Commission of the European Communities on 1 February 2008 pursuant to Article 228 EC, to take all the measures needed to comply with the judgment of 1 April 2004 in Case C-99/02 Commission v Italy concerning the recovery from the recipients of the aid which was found to be unlawful and incompatible with the common market by Commission Decision 2000/128/EC of 11 May 1999 concerning aid granted by Italy to promote employment, the Italian Republic has failed to fulfil its obligations under that decision and Article 228(1) EC;

2.Orders the Italian Republic to pay to the European Commission, into the ‘European Union own resources’ account, a penalty payment of an amount calculated by multiplying the basic amount of EUR 30 million by the percentage of the unlawful aid that has not yet been recovered, or not shown to have been recovered, at the end of the period concerned, compared to the total amount not yet recovered on the date of delivery of the present judgment, for every six months of delay in implementing the necessary measures to comply with the judgment of 1 April 2004 in Case C-99/02 Commission v Italy, from the present judgment until compliance with the judgment of 1 April 2004;

3.Orders the Italian Republic to pay to the European Commission, into the ‘European Union own resources’ account, a lump sum of EUR 30 million;

4.Orders the Italian Republic to pay the costs.

(*)

Language of the case: Italian

(1)

OJ C 24, 30.1.2010.