The European Commission has referred Italy to the Court of Justice for failing to recover illegal state aid pursuant its February 23, 2011 decision. The Commission had found that electricity subsidies that Italy granted to three metal producers–Portovesme, ILA, and Eurallumina–were incompatible with EU state aid rules. However, Italy has not implemented the decision to recover the €18 million from the three producers. Article 14 of Regulation n° 659/99 and the Notice on the implementation of decisions ordering the recovery of unlawful or incompatible aid (see IP/07/1609) require timely recovery of incompatible state aid.
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