Judgment of the General Court (Fourth Chamber) of 21 October 2014
Judgment of the General Court (Fourth Chamber) of 21 October 2014
Data
- Court
- General Court
- Case date
- 21 oktober 2014
Verdict
Judgment of the General Court (Fourth Chamber) of 21 October 2014 —Italy v Commission
(Case T‑268/13)
"Failure to comply with a judgment of the Court establishing an infringement - Periodic penalty payment - Judgment quantifying the amount - Recovery obligation - Undertakings subject to insolvency proceedings - Subject of the insolvency proceedings at issue - Due diligence - Burden of proof"
Judicial proceedingsApplication initiating proceedingsFormal requirementsAnnexes of the contested measure not submittedAdmissibility where the other parties not inconvenienced (Statute of the Court of Justice, Art. 21, second para.; Rules of Procedure of the General Court, Art. 44(4)) (see paras 27-34)
State aidRecovery of unlawful aidObligationBeneficiary subject to a collective procedureInscription of the aid in the schedule of debtsCollective procedure not seeking the liquidation of the beneficiaryRecovery obligation not complied with (Art. 88(2) EC) (see paras 55-67)
State aidRecovery of unlawful aidObligationDifficulties in implementingObligation of the Member State to take all reasonable steps necessary for the purposes of recoveryBurden of proof on the Member State (Art. 88(2) EC) (see paras 76-84)
Acts of the institutionsStatement of reasonsObligationScopeExecution of a judgment of the Court of Justice imposing a periodic penalty payment on a Member StateDecision quantifying the amount of the periodic penalty payment (Art. 296, second para., TFEU) (see paras 90, 91)
Re:
APPLICATION for annulment of Commission Decision C(2013) 1264 final of 7 March 2013 ordering the Italian Republic to pay into the ‘European Union own resources’ account the sum of EUR 16 533 000 by way of liquidate penalty.
Operative part
The Court:
Dismisses the action;
Orders the Italian Republic to pay the costs.