25.6.2011

Official Journal of the European Union

C 186/3

(Case C-305/09) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - State aid - Tax incentives in favour of companies taking part in trade fairs abroad - Recovery)

2011/C 186/04

Language of the case: Italian

Parties

Applicant: European Commission (represented by: L. Flynn, V. Di Bucci and E. Righini, Agents)

Defendant: Italian Republic (represented by: G. Palmieri, Agent, assisted by D. Del Gaizo and P. Gentili, avvocati dello Stato)

Re:

Failure of a Member State to fulfil obligations — Failure to take, within the prescribed time-limit, the measures necessary to comply with Articles 2, 3 and 4 of Commission Decision 2005/919/EC of 14 December 2004: Direct tax incentives in favour of companies taking part in trade fairs abroad (notified under document No C(2004) 4746) (OJ 2005 L 335, p. 39)

Operative part of the judgment

The Court:

1.Declares that, by failing to adopt, within the prescribed time-limits, all necessary measures to recover from the beneficiaries all the aid granted under the aid scheme declared unlawful and incompatible with the common market by Commission Decision 2005/919/EC of 14 December 2004 [on direct] tax incentives in favour of companies taking part in trade fairs abroad, the Italian Republic has failed to fulfil its obligations under Article 2 of that decision;

2.Orders the Italian Republic to pay the costs.

(<span class="super">1</span>) OJ C 256, 24.10.2009.