STATE AIDS : FAILURE OF A MEMBER STATE – UNLAWFUL AND INCOMPATIBLE AID – NON-IMPLEMENTATION OF A COMMISSION DECISION ORDERING RECOVERY

Recovery : The Court of Justice of the European Union holds that a Member State has failed to fulfill its obligation to take, within the prescribed period, all the measures necessary to recover from the beneficiaries the State aid considered unlawful and incompatible with the internal market by two Commission decisions (Commission / Italy)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Commission brought an action for failure to fulfil obligations against Italy on the ground, inter alia, that that Member State had not taken, within the prescribed period, all the measures necessary to recover the aid declared unlawful and incompatible by Commission Decisions 2006/323/EC and 2007/375/EC, of 7 December 2005 and 7 February 2007 concerning the exemption, during two different periods, from excise duty on mineral oils used as fuel for alumina production in the Gardanne region, in the Shannon region and in Sardinia, implemented respectively by France, Ireland and Italy. Admittedly, France, Ireland and Italy, as well as certain beneficiaries

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  • General Court of the European Union (Luxembourg)

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Jérôme Gstalter, Recovery : The Court of Justice of the European Union holds that a Member State has failed to fulfill its obligation to take, within the prescribed period, all the measures necessary to recover from the beneficiaries the State aid considered unlawful and incompatible with the internal market by two Commission decisions (Commission / Italy), 5 June 2014, Concurrences N° 3-2014, Art. N° 68356, pp. 149-150

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