The European Commission has referred Italy to the European Court of Justice (ECJ) for failing to comply with a previous Court ruling requiring Italy to recover illegal State aid from publicly-owned utilities companies. In 2002, the Commission ordered recovery of aid after discovering that the utilities companies were benefiting from a three-year income tax exemption and receiving public loans at non-market rates. Its decision was confirmed by an ECJ Judgment in 2006. Four years later, the money has not been recovered. On 28 October 2010, the Commission commenced an action requesting the ECJ to impose a lump sum penalty of €7,140 per day from the 2006 Judgment until the date of the ECJ’s final judgment and a daily penalty of €65,280 from the date of the final ECJ ruling until compliance.