Official Journal of the European Union

C 71/2

(Case C-529/09) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - State aid incompatible with the common market - Obligation of recovery - Failure to comply with a Commission Decision - Objection of inadmissibility - Res judicata by means of a previous judgment of the Court)

2013/C 71/02

Language of the case: Spanish

Parties

Applicant: European Commission (represented by: L. Flynn and C. Urraca Caviedes, acting as Agents)

Defendant: Kingdom of Spain (represented by: N. Díaz Abad, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 288 TFEU and of Articles 2 and 3 of Commission Decision 1999/509/EC of 14 October 1998 concerning aid granted by Spain to companies in the Magefesa group and their successors (OJ 1999 L 198, p. 15) — Aid granted to Industrias Domésticas, S.A. (Indosa)

Operative part of the judgment

The Court:

1.Declares that, by failing to adopt, within the prescribed period, the measures necessary to comply with Commission Decision 1999/509/EC of 14 October 1998 concerning aid granted by Spain to companies in the Magefesa group and their successors, as regards the undertaking Industrias Domésticas SA, the Kingdom of Spain has failed to fulfil its obligations under the fourth paragraph of Article 288 TFEU and under Articles 2 and 3 of that decision.

2.Orders the Kingdom of Spain to pay the costs.

(<span class="super">1</span>) OJ C 51, 27.2.2010.