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
1. Judicial proceedings — Application initiating proceedings — Formal requirements — Annexes of the contested measure not submitted — Admissibility 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)
2. State aid — Recovery of unlawful aid — Obligation — Beneficiary subject to a collective procedure — Inscription of the aid in the schedule of debts — Collective procedure not seeking the liquidation of the beneficiary — Recovery obligation not complied with (Art. 88(2) EC) (see paras 55-67)
3. State aid — Recovery of unlawful aid — Obligation — Difficulties in implementing — Obligation of the Member State to take all reasonable steps necessary for the purposes of recovery — Burden of proof on the Member State (Art. 88(2) EC) (see paras 76-84)
4. Acts of the institutions — Statement of reasons — Obligation — Scope — Execution of a judgment of the Court of Justice imposing a periodic penalty payment on a Member State — Decision 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:
2. | | Orders the Italian Republic to pay the costs. |