CJEU, 9th chamber, June 5, 2014, No C-547/11

The Court:

Declares that by failing to adopt, within the prescribed period, all measures necessary to recover the State aid considered unlawful and incompatible with the internal market by Commission Decision 2006/323/EC of 7 December 2005 concerning the exemption from excise duty on mineral oils used as fuel for alumina production in Gardanne, in the Shannon region and in Sardinia respectively implemented by France, Ireland and Italy and Commission Decision 2007/375/EC of 7 February 2007 concerning the exemption from excise duty on mineral oils used as fuel for alumina production in Gardanne, in the Shannon region and in Sardinia implemented by France, Ireland and Italy respectively [C 78/2001 (ex NN 22/01), C 79/2001 (ex NN 23/01), C 80/2001 (ex NN 26/01)], the Italian Republic has failed to fulfil its obligations under Articles 5 of Decision 2006/323, Article 4 of Decision 2007/375 and the fourth paragraph of Article 249 EC. 

By failing to communicate, within the prescribed period, the information referred to in Article 6(1) of Decision 2006/323 and Article 6(2) of Decision 2007/375, the Italian Republic has failed to fulfil its obligations under both those provisions and the fourth paragraph of Article 249 EC.

Orders the Italian Republic to pay the costs.