EuGH · C-303/09

Subject of the case Operative part Subject of the case Re: Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Articles 2, 5 and 6 of Commission Decision 2005/315/EC of 20 October 2004 on the aid scheme implemented by Italy for firms investing in municipalities seriously affected by natural disasters in 2002 (notified under document No C(2004) 3893) (OJ 2005 L 100, p. 46). Operative part Operative part The Court: 1. Declares that, by failing to adopt, within the prescribed period, the measures necessary to recover from the beneficiaries all the aid granted under the aid scheme declared incompatible with the common market by Commission Decision 2005/315/EC of 20 October 2004 on the aid scheme implemented by Italy for firms investing in municipalities seriously affected by natural disasters in 2002, the Italian Republic has failed to fulfil its obligations under Article 5 of that decision; 2. Orders the Italian Republic to pay the costs.