30.5.2016

Official Journal of the European Union

C 191/42

Action brought on 8 April 2016 — Italy v Commission

(Case T-147/16)

(2016/C 191/55)

Language of the case: Italian

Parties

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

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—

annul European Commission decision No C (2016) 366 final of 28 January 2016, notified on 29 January 2016, by which, in compliance with the judgment of the Court of Justice of 17 November 2011 in Case C-496/09, the Commission ordered the Italian Republic to make penalty payments in the sum of EUR 5 382 000 and EUR 2 106 000, relating to the third and fourth half-years following the delivery of that judgment, respectively;

—	order the Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging infringement of Article 14 of Regulation (EC) No 659/1999 of 22 March 1999, misapplication of Article 11 of Regulation (EC) No 794/2004 of 21 April 2004, and infringement of the principle of proportionality as well.

—

In that regard, the applicant claims that the contested decision requires interest to be applied at a compound rate to the sums owed by the undertakings in repayment of the State aid, as provided for in Article 11 of Regulation No 794/2004. The Italian Government contests that requirement arguing that, having regard also to the case-law of the Court of Justice of the European Union, interest calculated in such a manner may not be applied in relation to recovery decisions notified before the entry into force of Regulation No 794/2004 or, still less, in relation to decisions notified before the publication of the Commission’s Communication of 2003 on the interest rates to be applied for the recovery of unlawful state aid. On the contrary, relying, as the Commission does in the contested decision, upon an alleged agreement to the contrary, entered into by the Commission itself and the Italian authorities, is of no validity.