25.6.2011
EN
Official Journal of the European Union
C 186/3
Judgment of the Court (First Chamber) of 5 May 2011 — European Commission v Italian Republic
(Case C-305/09) (1)
(Failure of a Member State to fulfil obligations - State aid - Tax incentives in favour of companies taking part in trade fairs abroad - Recovery)
2011/C 186/04
Language of the case: Italian
Parties
Applicant: European Commission (represented by: L. Flynn, V. Di Bucci and E. Righini, Agents)
Defendant: Italian Republic (represented by: G. Palmieri, Agent, assisted by D. Del Gaizo and P. Gentili, avvocati dello Stato)
Re:
Failure of a Member State to fulfil obligations — Failure to take, within the prescribed time-limit, the measures necessary to comply with Articles 2, 3 and 4 of Commission Decision 2005/919/EC of 14 December 2004: Direct tax incentives in favour of companies taking part in trade fairs abroad (notified under document No C(2004) 4746) (OJ 2005 L 335, p. 39)
Operative part of the judgment
The Court:
1.
Declares that, by failing to adopt, within the prescribed time-limits, all necessary measures to recover from the beneficiaries all the aid granted under the aid scheme declared unlawful and incompatible with the common market by Commission Decision 2005/919/EC of 14 December 2004 [on direct] tax incentives in favour of companies taking part in trade fairs abroad, the Italian Republic has failed to fulfil its obligations under Article 2 of that decision;
2.
Orders the Italian Republic to pay the costs.
(1) OJ C 256, 24.10.2009.
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