24.10.2009

Official Journal of the European Union

C 256/10

Action brought on 30 July 2009 — Commission of the European Communities v Italian Republic

(Case C-302/09)

2009/C 256/19

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (represented by: V. Di Bucci and E. Righini, acting as Agents)

Defendant: Italian Republic

Form of order sought

—

Declare that, by failing to take, within the prescribed time-limits, all the measures necessary to withdraw 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 (notified on 10 January 2000 under document number C(1999) 4268) (OJ 2000 L 150, p. 50) and to recover from the beneficiaries the aid granted under that scheme, the Italian Republic has failed to fulfil its obligations under Articles 2, 5 and 6 of that decision and under the EC Treaty;

—	order the Italian Republic to pay the costs.

Pleas in law and main arguments

The time-limit within which Italy was to have withdrawn the scheme and recovered the aid unlawfully granted expired two months after notification of the decision. More than nine years later, the Italian authorities has recovered less than 2 %.