Italië gedaagd voor Hof van Justitie omdat ongeoorloofde staatssteun niet is terugbetaald (en)

The European Commission has decided to refer Italy to the Court of Justice for failure to comply with a decision of 5 June 2002 which ruled that the aid granted by Italy to undertakings active in the utilities sector was incompatible and must be recovered from the beneficiaries (see IP/02/817). More than two years since the decision was adopted, Italy has not taken the necessary measures to recover the aid in question. The Commission has therefore decided to apply to the Court in order to have its decision enforced.

Neelie Kroes, Competition Commissioner, said "I intend to take a very strict approach with Member States that fail to comply with Commission decisions on State aid. Taking a firm stand is the only way of ensuring the credibility of our State aid policy."

The Commission notes that Italy has not complied with the decision's requirement to recover aid granted by it under Law 142/90 to undertakings controlled by Italian public authorities.

Under the rules on recovery of illegal aid, Italy should have taken all the available measures under national law to ensure immediate and effective enforcement of the Commission's decision and thereby restore competition.

Two and a half years after the decision was issued, the Commission has noted that Italy has only foreseen preliminary measures and that no specific measures have been taken to recover the aid from the beneficiaries.

This is not the first time that the Commission has taken legal action against Italy for failure to comply with a decision on State aid. In November 2000 it took Italy to the Court for failure to enforce the decision of 11 May 1999 on job creation measures. On 1 April 2004 the Court ruled against Italy (Case C-99/02).

Background

On 5 June 2002 the European Commission adopted a negative decision on two Italian aid schemes that had the effect of favouring undertakings controlled by Italian public authorities, mainly in the utilities sector. The Commission was informed of these measures through a complaint lodged by an Italian association of private water distributors.

As a result of the formal investigation procedure, the Commission concluded that a three-year income-tax exemption (1993-1995) and the possibility of obtaining low-interest loans from Cassa Depositi e Prestiti must be considered to be State aid incompatible with the EC treaty. The Commission therefore decided that the Italian authorities must recover the aid granted illegally.