26.11.2011

Official Journal of the European Union

C 347/3

(Case C-302/09) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - State Aid - Aid to firms in Venice and Chioggia - Reductions in social security contributions - Withdrawal)

2011/C 347/03

Language of the case: Italian

Parties

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

Defendant: Italian Republic (represented by: G. Palmieri, Agent and G. Aiello, lawyer)

Re:

Failure of a Member State to fulfil obligations — Failure to take, within the period prescribed, the measures necessary to comply with Articles 2, 5 and 6 of Commission Decision 2000/394/EC of 25 November 1999 on aid to firms in Venice and Chioggia by way of relief from social security contributions under Laws Nos 30/1997 and 206/1995 (notified under document number C(1999) 4268) (OJ 2000 L 150, p. 50)

Operative part of the judgment

The Court:

1.Orders that by failing to take, within the prescribed time-limits, all the measures necessary to recover from the beneficiaries the aid granted under the aid scheme considered unlawful and incompatible with the common market by Commission Decision 2000/394/EC of 25 November 1999 on aid to firms in Venice and Chioggia by way of relief from social security contributions under Laws Nos 30/1997 and 206/1995 and, the Italian Republic has failed to fulfil its obligations under Articles 2, 5 and 6 of that decision and under the EC Treaty the Italian Republic failed to fulfil its obligations under Article 5 of the decision;

2.Orders the Italian Republic to pay the costs.

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