Judgment of the Court (Third Chamber) of 6 December 2007 – Commission v Italy

(Case C‑280/05)

Failure of a Member State to fulfil obligations – State aid – Incompatibility with the common market – Duty to recover – Non-fulfilment

1. Actions for failure to fulfil obligations – Non-compliance with a Commission decision concerning State aid – Defences (Art. 10 EC and 88(2) EC) (see paras 19-20, 25)

2. State aid – Recovery of unlawful aid (Art. 88(2) EC) (see para. 28)

Re:

Operative part

The Court:

Declares that, by failing to adopt, within the prescribed period, the measures necessary to recover from the beneficiaries the aid declared unlawful and incompatible with the common market by Commission Decision 2004/800/EC of 30 March 2004 on the State aid scheme put into effect by Italy providing for urgent measures to assist employment, the Italian Republic has failed to fulfil its obligations under Articles 2 and 3 of that decision;

Orders the Italian Republic to pay the costs.