CASE COMMENTS: STATE AID – EUROPEAN UNION - FAILURE ON FAILURE – RECOVERY – PECUNIARY SANCTION

Recovery: The Court of Justice of the European Union condemns a Member State for failure to comply with a judgment finding a failure to fulfil obligations for not implementing a negative decision of the European Commission and recalls in particular the illegality of national court judgments suspending national recovery orders seeking to implement that Commission’s decision (Commission / Italy)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. The annotated judgment is again a 'judgment on failure to fulfil obligations' ordering a Member State (Italy in this case) to pay a financial penalty (EUR 7.5 million) and a daily penalty payment (EUR 80 000) for failure to comply fully with a judgment on failure to comply with a negative Commission decision of 2008. The three previous judgments in this case of the European courts have all already been commented on: the first judgment of 29 March 2012 on failure to fulfil obligations (C-243/10, EU:C:2012:182 ;obs. J. Derenne, Concurrences, n° 3-2012, pp. 168-169) as well as the judgments of the Court of First Instance of 20 September 2011

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  • Sheppard, Mullin, Richter & Hampton (Brussels)

Quotation

Jacques Derenne, Recovery: The Court of Justice of the European Union condemns a Member State for failure to comply with a judgment finding a failure to fulfil obligations for not implementing a negative decision of the European Commission and recalls in particular the illegality of national court judgments suspending national recovery orders seeking to implement that Commission’s decision (Commission / Italy), 12 March 2020, Concurrences N° 2-2020, Art. N° 94502, pp. 146-147

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