Judgment of the General Court of 17 September 2019 — Ireland and Aughinish Alumina v Commission
(Joined Cases T-129/07 and T-130/07) 1
(State aid — Directive 2003/96/EC — Excise duties on mineral oils — Mineral oils used as fuel for alumina production — Exemption from excise duty — Selective nature of the measure — Community guidelines on State aid for environmental protection of 2001)
Language of the case: English
Parties
Applicant in Case T-129/07: Ireland (represented, initially, by D. O’Hagan and E. Alkin, subsequently, by E. Alkin, E. Creedon and A. Joyce, and, finally, by E. Alkin, A. Joyce, M. Browne and G. Hodge, acting as Agents, and by P. McGarry, Senior Counsel)
Applicant in Case T-130/07: Aughinish Alumina Ltd (Askeaton, Ireland) (represented, initially, by J. Handoll and C. Waterson, and, subsequently, by C. Waterson and C. Little, Solicitors)
Defendant: European Commission (represented, initially, by V. Di Bucci, N. Khan, G. Conte and K. Walkerová, and, subsequently, by N. Khan and V. Bottka, acting as Agents)
Re:
Applications pursuant to Article 263 TFEU for annulment, in whole or in part, of Commission Decision 2007/375/EC of 7 February 2007 concerning the exemption from excise duty on mineral oils used as fuel for alumina production in Gardanne, in the Shannon region and in Sardinia implemented by France, Ireland and Italy respectively (C 78/2001 (ex NN 22/01), C 79/2001 (ex NN 23/01), C 80/2001 (ex NN 26/01)) (OJ 2007 L 147, p. 29), in so far as it finds that State aid was granted by Ireland, from 1 January 2004, on the basis of the exemption from excise duty on mineral oils used as fuel for alumina production in the Shannon region (Ireland), and in so far as it orders Ireland to recover the aid or to cancel or suspend its payment.
Operative part of the judgment
The Court:
Dismisses the actions;
Orders Ireland to pay the costs in Case T-129/07;
Orders Aughinish Alumina Ltd to pay the costs in Case T-130/07.
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1 OJ C 140, 23.6.2007.