Official Journal of the European Union

C 253/2

(Case C-547/11) (<span class="super">1</span>)

((Failure of a Member State to fulfil obligations - State aid - Decisions 2006/323/EC and 2007/375/EC - Exemption from excise duty on mineral oils used as fuel for alumina production in Sardinia - Recovery - Decisions to suspend the enforcement of a demand for payment taken by a national court))

2014/C 253/02

Language of the case: Italian

Parties

Applicant: European Commission (represented by: B. Stromsky and D. Grespan, acting as Agents)

Defendant: Italian Republic (represented by: G. Palmieri, acting as Agent and F. Varrone, avvocato dello Stato)

Re:

Failure of a Member State to fulfil obligations — State aid — Failure to adopt, within the prescribed period, all the measures necessary to comply with Articles 5 and 6 of Commission Decision 2006/323/EC of 7 December 2005 concerning the exemption from excise duty on mineral oils used as fuel for alumina production in Gardanne, in the Shannon region and in Sardinia respectively implemented by France, Ireland and Italy (OJ 2006, L 119, p. 12) and Articles 4 and 6 of Commission Decision 2007/375/EC of 7 February 2007 concerning the exemption from excise duty on mineral oils used as fuel for alumina production in Gardanne, in the Shannon region and in Sardinia implemented by France, Ireland and Italy respectively (OJ L 2007 L 147, p. 29) — Infringement of Article 288 TFEU and Article 14 of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article [108 TFEU] (OJ 1999 L 83, p. 1) — Requirement of immediate and effective enforcement of the Commission’s decisions — Inadequacy of the procedures for the recovery of the unlawful aid

Operative part of the judgment

The Court:

1)Declares that by failing to adopt, within the prescribed period, all measures necessary to recover the State aid considered unlawful and incompatible with the internal market by Commission Decision 2006/323/EC of 7 December 2005 concerning the exemption from excise duty on mineral oils used as fuel for alumina production in Gardanne, in the Shannon region and in Sardinia respectively implemented by France, Ireland and Italy and Commission Decision 2007/375/EC of 7 February 2007 concerning the exemption from excise duty on mineral oils used as fuel for alumina production in Gardanne, in the Shannon region and in Sardinia implemented by France, Ireland and Italy respectively [C 78/2001 (ex NN 22/01), C 79/2001 (ex NN 23/01), C 80/2001 (ex NN 26/01)], the Italian Republic has failed to fulfil its obligations under Articles 5 of Decision 2006/323, Article 4 of Decision 2007/375 and the fourth paragraph of Article 249 EC.

By failing to communicate, within the prescribed period, the information referred to in Article 6(1) of Decision 2006/323 and Article 6(2) of Decision 2007/375, the Italian Republic has failed to fulfil its obligations under both those provisions and the fourth paragraph of Article 249 EC.

2)Orders the Italian Republic to pay the costs.

(<span class="super">1</span>) OJ C 13, 14.1.2012