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Document 62009CA0454

Case C-454/09: Judgment of the Court (Fifth Chamber) of 13 October 2011 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — State aid — Aid for New Interline SpA — Recovery)

OJ C 355, 3.12.2011, p. 4–4 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

3.12.2011   

EN

Official Journal of the European Union

C 355/4

Judgment of the Court (Fifth Chamber) of 13 October 2011 — European Commission v Italian Republic

(Case C-454/09) (1)

(Failure of a Member State to fulfil obligations - State aid - Aid for New Interline SpA - Recovery)

2011/C 355/05

Language of the case: Italian

Parties

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

Defendant: Italian Republic (represented by: G. Palmieir, acting as Agent, P. Gentili and B. Tidore, avvocati dello Stato)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, all the measures necessary to comply with Articles 2, 3 and 4 of Commission Decision 2008/697/EC of 16 April 2008 on State Aid C 13/07 (ex NN 15/06) implemented by Italy for New Interline (notified under document number C(2008) 1321)

Operative part of the judgment

The Court:

1.

Declares that, by failing to adopt, within the prescribed period, all the measures necessary to ensure implementation of Commission Decision 2008/697/EC of 16 April 2008 on State Aid C 13/07 (ex NN 15/06 and N 734/06) implemented by Italy for New Interline, the Italian Republic has failed to fulfil its obligations under the fourth paragraph of Article 249 EC and Articles 2 and 3 of that decision;

2.

Orders the Italian Republic to pay the costs.

(1)  OJ C 24, 30.1.2010.

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