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Case European Commission/Kingdom of Spain - Failure of a Member State to fulfil obligations / State aid
 

Judgment

Case C-610/10

Decision:

"On those grounds, the Court (Grand Chamber) hereby

1. Declares that, by failing, by the date of expiry of the period prescribed in the supplementary letter of formal notice issued on 18 March 2010 by the European Commission pursuant to Article 260(2) TFEU, to adopt all the measures necessary to comply with the judgment of 2 July 2002 in Case C-499/99 Commission v Spain, relating, inter alia, to the recovery from Industrias Domésticas SA of aid which, under Commission Decision 91/1/EEC of 20 December 1989 concerning aid in Spain which the central and several autonomous governments granted to Magefesa, producer of domestic articles of stainless steel and small electric appliances, was found to be unlawful and incompatible with the common market, the Kingdom of Spain has failed to fulfil its obligations under Article 260(1) TFEU;

2. Orders the Kingdom of Spain to pay to the European Commission, into the ?European Union own resources? account, a penalty payment of EUR 50 000 for each day of delay in adopting the measures necessary to comply with the judgment in Commission v Spain, from the date of delivery of the present judgment until the date on which the judgment in Commission v Spain is complied with;

3. Orders the Kingdom of Spain to pay to the European Commission, into the ?European Union own resources? account, a lump sum of EUR 20 million;

4. Orders the Kingdom of Spain to pay the costs;

5. Orders the Czech Republic to bear its own costs."



 

 
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