CASE COMMENTS: STATE AIDS – RECOVERY – FAILURE OF A MEMBER STATE TO FULFIL ITS OBLIGATIONS – FINANCIAL SANCTIONS – PENALTY PAYMENTS – PROPORTIONALITY

Recovery: The Court of Justice imposes a penalty the amount of which changes over time in proportion to the progress of the implementation of the Commission’s decision (Italy)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, 17 November 2011, Commission v. Italy, Case C-496/09 An action for failure to fulfil obligations The case before the Court shows once again how difficult it is for States to recover incompatible and unlawfully granted aid when it comes to implementing a Commission decision on a general aid scheme. These implementation difficulties cannot be regarded under EU law as an absolute impossibility of implementation or even as a 'temporary absolute impossibility' to recover the aid in question because of the large number of beneficiary companies and the unavailability of the information needed to quantify the sums to be recovered, as Italy is attempting to

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Jean-Yves Chérot, Recovery: The Court of Justice imposes a penalty the amount of which changes over time in proportion to the progress of the implementation of the Commission’s decision (Italy), 16 February 2012, Concurrences N° 1-2012, Art. N° 42218, pp. 161-162

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