By its judgment of 5 May 2011 in case C-305/09 European Commission v. Italian Republic (the “Judgment”), 1 the Court of Justice (“ECJ”) declared that, by failing to adopt within the prescribed time-limits the necessary measures to recover the aid from the beneficiaries, Italy failed to fulfil its obligations under the European Commission decision 2005/919 of 14 December 2004. I. Facts and Background Through Law Decree No. 269 of 30 September 2003