25.7.2016

Official Journal of the European Union

C 270/39

(Case T-122/14)(<span class="super">1</span>)

((Failure to comply with a judgment of the Court of Justice finding that a Member State has failed to fulfil its obligations - Periodic penalty payment - Judgment quantifying the amount of the periodic penalty payment - Method of calculating the interest applicable to the recovery of unlawful aid - Compound interest))

(2016/C 270/43)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Palmieri, acting as Agent, and by S. Fiorentino, avvocato dello Stato)

Defendant: European Commission (represented by: V. Di Bucci, G. Conte and B. Stromsky, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2013) 8681 final of 6 December 2013, by which, in order to comply with the judgment of 17 November 2011 in Commission v Italy (C-496/09, EU:C:2011:740), the Commission fixed the amount of the periodic penalty owed by the Italian Republic for the six months from 17 May to 17 November 2012.

Operative part of the judgment

The Court:

1.Annuls Commission Decision C(2013) 8681 final of 6 December 2013;

2.Orders the European Commission to pay the costs.

(<span class="super">1</span>) OJ C 102, 7.4.2014.