This document is an excerpt from the EUR-Lex website
Document C2007/269/25
Case C-177/06: Judgment of the Court (Second Chamber) of 20 September 2007 — Commission of the European Communities v Kingdom of Spain (State Aid — Aid scheme — Incompatibility with the common market — Commission decision — Implementation — Abolition of the aid scheme — Cancellation of outstanding aid — Recovery of aid made available — Failure to fulfil obligations — Defences — Illegality of the decision — Absolute impossibility of giving effect to a decision)
Case C-177/06: Judgment of the Court (Second Chamber) of 20 September 2007 — Commission of the European Communities v Kingdom of Spain (State Aid — Aid scheme — Incompatibility with the common market — Commission decision — Implementation — Abolition of the aid scheme — Cancellation of outstanding aid — Recovery of aid made available — Failure to fulfil obligations — Defences — Illegality of the decision — Absolute impossibility of giving effect to a decision)
Case C-177/06: Judgment of the Court (Second Chamber) of 20 September 2007 — Commission of the European Communities v Kingdom of Spain (State Aid — Aid scheme — Incompatibility with the common market — Commission decision — Implementation — Abolition of the aid scheme — Cancellation of outstanding aid — Recovery of aid made available — Failure to fulfil obligations — Defences — Illegality of the decision — Absolute impossibility of giving effect to a decision)
IO C 269, 10.11.2007, p. 13–13
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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10.11.2007 |
EN |
Official Journal of the European Union |
C 269/13 |
Judgment of the Court (Second Chamber) of 20 September 2007 — Commission of the European Communities v Kingdom of Spain
(Case C-177/06) (1)
(State Aid - Aid scheme - Incompatibility with the common market - Commission decision - Implementation - Abolition of the aid scheme - Cancellation of outstanding aid - Recovery of aid made available - Failure to fulfil obligations - Defences - Illegality of the decision - Absolute impossibility of giving effect to a decision)
(2007/C 269/25)
Language of the case: Spanish
Parties
Applicant: Commission of the European Communities (represented by: F. Castillo de la Torre and C. Urraca Caviedes, acting as Agents)
Defendant: Kingdom of Spain (represented by: N. Díaz Abad, Agent)
Re:
Member State's failure to fulfil its obligations — Failure to adopt, within the period prescribed, the measures necessary to ensure implementation of Articles 2 and 3 of the Commission's Decisions of 20 December 2001 on a State aid scheme implemented by Spain in 1993 for certain newly established firms in Guipúzcoa (Spain) (C(2001) 4448) (OJ L 77 of 24 March 2003, p. 1), in Álava (Spain) (C(2001) 4475) (OJ L 17 of 22 January 2003, p. 20) and in Vizcaya (Spain) (C(2001) 4478) (OJ L 40 of 14 February 2003, p. 11).
Operative part of the judgment
The Court rules:
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1. |
In failing to take the necessary measures within the prescribed period, to comply with Articles 2 and 3 of each of:
the Kingdom of Spain has failed to fulfil its obligations under those provisions; |
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2. |
The Kingdom of Spain is ordered to pay the costs. |