23.9.2019
EN
Official Journal of the European Union
C 319/12
Judgment of the Court (Second Chamber) of 29 July 2019 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Istituto nazionale della previdenza sociale (INPS) v Azienda Napoletana Mobilità SpA
(Case C-659/17) (1)
(Reference for a preliminary ruling - State aid - Employment aid - Exemption from social security contributions in connection with training and work experience contracts - Decision 2000/128/EC - Aid granted by Italy to promote employment - Aid incompatible in part with the internal market - Applicability of Decision 2000/128/EC to an undertaking exclusively providing local public transport services which were directly awarded to it by a municipality - Article 107(1) TFEU - Concept of ‘distortion of competition’ - Concept of ‘effect on trade’ between Member States)
(2019/C 319/11)
Language of the case: Italian
Referring court
Corte suprema di cassazione
Parties to the main proceedings
Appellant: Istituto nazionale della previdenza sociale (INPS)
Respondent: Azienda Napoletana Mobilità SpA
Operative part of the judgment
Subject to verifications which are to be made by the referring court, Commission Decision 2000/128/EC of 11 May 1999 concerning aid granted by Italy to promote employment must be interpreted as applying to an undertaking, such as that in the main proceedings, which, on the basis of a direct and exclusive award by a municipality, provided local public transport services and benefited from reductions in social security contributions under national legislation which was declared by that decision to be incompatible, in part, with the prohibition laid down in Article 107(1) TFEU.
(1) OJ C 52, 12.2.2018.