Judgment of the Court (Fifth Chamber) of 13 October 2011.#European Commission v Italian Republic.#Failure of a Member State to fulfil obligations - State aid - Aid for New Interline SpA - Recovery.#Case C-454/09.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, all the measures necessary to comply with Articles 2, 3 and 4 of Commission Decision 2008/697/EC of 16 April 2008 on State Aid C 13/07 (ex NN 15/06 and N 734/06) implemented by Italy for New Interline (notified under document number C(2008) 1321).

Operative part

Operative part

The Court:

1. Declares that, by failing to adopt, within the prescribed period, all the measures necessary to ensure implementation of Commission Decision 2008/697/EC of 16 April 2008 on State Aid C 13/07 (ex NN 15/06 and N 734/06) implemented by Italy for New Interline, the Italian Republic has failed to fulfil its obligations under the fourth paragraph of Article 249 EC and Articles 2 and 3 of that decision;

2. Orders the Italian Republic to pay the costs.