Judgment of the Court (Fifth Chamber) of 13 October 2011 - Commission v
   Italy

   (Case C-454/09)

   Failure of a Member State to fulfil obligations - State aid - Aid for
   New Interline SpA - Recovery

   1.                     Actions for failure to fulfil obligations -
   Failure to comply with a Commission decision concerning State aid -
   Duty to recover the aid granted - Period within which the aid is to be
   recovered (Arts 88(2) EC, 226 EC and 249 EC) (see paras 34, 37)

   2.                     State aid - Recovery of unlawful aid - Recipient
   undertakings that become bankrupt - Aid entered in the schedule of
   liabilities in order to restore the status quo ante (Art. 88(2) EC)
   (see paras 35-36)

   3.                     Actions for failure to fulfil obligations -
   Failure to comply with a Commission decision concerning State aid -
   Defences - Legality of the decision called in question -
   Inadmissibility - Limits - Non-existent measure (Arts 88(2), second
   para., EC, 226 EC, 227 EC, 230 EC and 232 EC) (see para. 41)

   Re:

   Failure of a Member State to fulfil obligations - Failure to adopt,
   within the prescribed period, all the measures necessary to comply with
   Articles 2, 3 and 4 of Commission Decision 2008/697/EC of 16 April 2008
   on State Aid C 13/07 (ex NN 15/06 and N 734/06) implemented by Italy
   for New Interline (notified under document number C(2008) 1321).

   Operative part

   The Court:

   1.

   Declares that, by failing to adopt, within the prescribed period, all
   the measures necessary to ensure implementation of Commission Decision
   2008/697/EC of 16 April 2008 on State Aid C 13/07 (ex NN 15/06 and
   N 734/06) implemented by Italy for New Interline, the Italian Republic
   has failed to fulfil its obligations under the fourth paragraph of
   Article 249 EC and Articles 2 and 3 of that decision;

   2.

   Orders the Italian Republic to pay the costs.