Order of the Court (Seventh Chamber) of 11March 2020— Telecom Italia
(Case C‑338/19)(1)
(Reference for a preliminary ruling— Article99 Rules of Procedure of the Court of Justice— State aid— Article108 TFEU— Regulation (EC) No659/1999— Recovery of aid by the Member State of its own motion— Regulation (EC) No794/2004— Applicable interest rate)
1.State aid— Planned aid— Notifying the Commission— Decision of the Commission not to raise an objection — Implementation of aid in accordance with the planned aid notified — Recovery of aid by the Member State of its own initiative and according to the stipulations of the planned aid notified— Applicability of the rules laid down by Regulation No 659/1999 in cases of misuse of aid—None
(Art. 108(3) TFEU; Council Regulation No659/1999, Art. 16)
(see paras 20-27)
2.State aid— Planned aid— Notifying the Commission— Decision of the Commission not to raise an objection — Implementation of aid in accordance with the planned aid notified — Recovery of aid by the Member State of its own initiative and according to the stipulations of the planned aid notified — Determination of the interest rate under national law— Conditions — Compliance with the principle of effectiveness— Consequences
(Art. 108(3) TFEU; Commission Regulation No794/2004, Art. 9)
(see paras 28-31, operative part)
Operative part
The interest rate set out in Article 9(1) and (2) of Commission Regulation (EC) No794/2004 of 21April 2004 implementing Council Regulation (EC) No659/1999 laying down detailed rules for the application of Article[108 TFEU], as amended by Commission Regulation (EC) No271/2008 of 30January 2008, is not intended to apply when a national authority recovers State aid of its own motion.
1 OJ C 312, 16.9.2019.