CASE COMMENTS : STATE AIDS – FAILURE TO FULFIL ITS OBLIGATIONS – LACK OF RECOVERY OF UNLAWFUL AND INCOMPATIBLE AID - BANKRUPT BENEFICIARY

Failure to fulfil its obligations: The Court of Justice condemns Italy for non compliance with a European Commission’s decision and recalls the obligations of loyal cooperation bearing on Member States, and those relating to the recovery from bankrupt beneficiaries, within the framework of aid scheme (Italy)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, 21 March 2013, Commission v. Italy, Case C-613/11 This is a classic case of failure to recover illegal and incompatible aid within the time limit laid down in a Commission Decision (2008/92/EC of 10 July 2007 on an aid scheme for the shipping sector in Sardinia). Only a few remarks are made on the following two points. Delay by the Commission in taking action against the offending Member State As the Commission does not have access to the case file, it is on the basis of the judgment alone that the question arises, once again (see the Magefesa cases commented on elsewhere), why does the Commission not adopt a more "proactive" attitude in this type

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  • Sheppard, Mullin, Richter & Hampton (Brussels)

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Jacques Derenne, Failure to fulfil its obligations: The Court of Justice condemns Italy for non compliance with a European Commission’s decision and recalls the obligations of loyal cooperation bearing on Member States, and those relating to the recovery from bankrupt beneficiaries, within the framework of aid scheme (Italy), 21 March 2013, Concurrences N° 2-2013, Art. N° 52075, p. 126

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