Case C‑184/11

European Commission

v

Kingdom of Spain

‛Failure of a Member State to fulfil obligations — Judgment of the Court finding a failure to fulfil obligations — Non-implementation — Article 260 TFEU — State aid — Recovery — Unlawful aid scheme incompatible with the internal market — Individual aid granted under that scheme — Pecuniary penalty’

Summary — Judgment of the Court (Grand Chamber), 13 May 2014

1. Actions for failure to fulfil obligations — Application initiating proceedings — Statement of subject-matter and pleas in law — Application made in proceedings relating to a failure to fulfil the obligation to implement a judgment of the Court — Judgment of the Court finding a failure to fulfil the obligation to recover unlawful aid — No obligation to state in the application the exact amount of aid to be recovered

   (Art. 260(2) TFEU; Statute of the Court of Justice, Art. 21; Rules of Procedure of the Court of Justice, Art. 38(1))

2. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Period for implementation — Reference date for assessment of the existence of the failure to fulfil obligations

   (Art. 228(2) EC; Art. 260(1) TFEU)

3. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Breach of the obligation to comply with the judgment — Pecuniary penalties — Imposition of a lump sum payment — Discretion of the Court — Criteria for assessment — Commission proposals and guidelines — Effect

   (Art. 260(2) TFEU)

4. State aid — Recovery of unlawful aid — Obligation — Obligation of immediate and effective implementation of a Commission decision

   (Arts 108(2) TFEU and 288 TFEU)

5. State aid — Commission decision finding aid to be incompatible with the common market — Difficulties in implementing — Obligation on the Member State to submit those difficulties for assessment by the Commission and to propose appropriate amendments to the decision

   (Art. 108(2) TFEU)

1.  By virtue of Article 21 of the Statute of the Court of Justice and Article 38(1) of its Rules of Procedure, the Commission must, in any application made under Article 260 TFEU, indicate the specific complaints on which the Court is asked to rule and, at the very least in summary form, the legal and factual particulars on which those complaints are based.

   However, the requirement for precision and coherence in the application instituting the proceedings cannot mean that the Commission is required, when bringing an action for failure to fulfil obligations relating to the adoption of measures necessary to comply with a judgment having found a failure by a Member State to fulfil its obligation to recover unlawful aid, to state in its application the exact amount of aid to be recovered under a certain decision or, a fortiori, from each recipient under an aid scheme declared unlawful and incompatible with the internal market.

   Where compliance with decisions relating to aid schemes is concerned, it is for the authorities of the Member State involved to verify, at the stage of recovery of the aid, the individual situation of each undertaking concerned, given that those authorities are in the best position to determine the exact amounts to be repaid. It follows therefrom that the Commission may, during an aid recovery proceeding, merely insist that the obligation to repay the amounts of aid at issue be fulfilled and leave the national authorities to calculate the exact amount of the sums to be recovered.

   (see paras 20, 22, 23)

2.  The reference date for assessing whether there has been a failure to fulfil obligations under Article 260(1) TFEU is the date of expiry of the period prescribed in the reasoned opinion issued under that provision. Nevertheless, where the proceedings for failure to fulfil obligations have been brought on the basis of Article 228(2) EC and a reasoned opinion has been issued before the date of entry into force of the Treaty of Lisbon, namely 1 December 2009, the reference date for assessing whether there has been a failure to fulfil obligations is the date of expiry of the period prescribed in the reasoned opinion.

   (see paras 35, 36)

3.  See the text of the decision.

   (see paras 58-61)

4.  See the text of the decision.

   (see para. 64)

5.  See the text of the decision.

   (see para. 66)

Case C‑184/11

European Commission

v

Kingdom of Spain

‛Failure of a Member State to fulfil obligations — Judgment of the Court finding a failure to fulfil obligations — Non-implementation — Article 260 TFEU — State aid — Recovery — Unlawful aid scheme incompatible with the internal market — Individual aid granted under that scheme — Pecuniary penalty’

Summary — Judgment of the Court (Grand Chamber), 13 May 2014

1. Actions for failure to fulfil obligations — Application initiating proceedings — Statement of subject-matter and pleas in law — Application made in proceedings relating to a failure to fulfil the obligation to implement a judgment of the Court — Judgment of the Court finding a failure to fulfil the obligation to recover unlawful aid — No obligation to state in the application the exact amount of aid to be recovered

   (Art. 260(2) TFEU; Statute of the Court of Justice, Art. 21; Rules of Procedure of the Court of Justice, Art. 38(1))

2. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Period for implementation — Reference date for assessment of the existence of the failure to fulfil obligations

   (Art. 228(2) EC; Art. 260(1) TFEU)

3. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Breach of the obligation to comply with the judgment — Pecuniary penalties — Imposition of a lump sum payment — Discretion of the Court — Criteria for assessment — Commission proposals and guidelines — Effect

   (Art. 260(2) TFEU)

4. State aid — Recovery of unlawful aid — Obligation — Obligation of immediate and effective implementation of a Commission decision

   (Arts 108(2) TFEU and 288 TFEU)

5. State aid — Commission decision finding aid to be incompatible with the common market — Difficulties in implementing — Obligation on the Member State to submit those difficulties for assessment by the Commission and to propose appropriate amendments to the decision

   (Art. 108(2) TFEU)

1.  By virtue of Article 21 of the Statute of the Court of Justice and Article 38(1) of its Rules of Procedure, the Commission must, in any application made under Article 260 TFEU, indicate the specific complaints on which the Court is asked to rule and, at the very least in summary form, the legal and factual particulars on which those complaints are based.

   However, the requirement for precision and coherence in the application instituting the proceedings cannot mean that the Commission is required, when bringing an action for failure to fulfil obligations relating to the adoption of measures necessary to comply with a judgment having found a failure by a Member State to fulfil its obligation to recover unlawful aid, to state in its application the exact amount of aid to be recovered under a certain decision or, a fortiori, from each recipient under an aid scheme declared unlawful and incompatible with the internal market.

   Where compliance with decisions relating to aid schemes is concerned, it is for the authorities of the Member State involved to verify, at the stage of recovery of the aid, the individual situation of each undertaking concerned, given that those authorities are in the best position to determine the exact amounts to be repaid. It follows therefrom that the Commission may, during an aid recovery proceeding, merely insist that the obligation to repay the amounts of aid at issue be fulfilled and leave the national authorities to calculate the exact amount of the sums to be recovered.

   (see paras 20, 22, 23)

2.  The reference date for assessing whether there has been a failure to fulfil obligations under Article 260(1) TFEU is the date of expiry of the period prescribed in the reasoned opinion issued under that provision. Nevertheless, where the proceedings for failure to fulfil obligations have been brought on the basis of Article 228(2) EC and a reasoned opinion has been issued before the date of entry into force of the Treaty of Lisbon, namely 1 December 2009, the reference date for assessing whether there has been a failure to fulfil obligations is the date of expiry of the period prescribed in the reasoned opinion.

   (see paras 35, 36)

3.  See the text of the decision.

   (see paras 58-61)

4.  See the text of the decision.

   (see para. 64)

5.  See the text of the decision.

   (see para. 66)