The EU Court of Justice upholds Commission’s appeal against annulment of State aid decision on excise duty exemptions for alumina production (Commission / Ireland)

On 2 December 2009, the Court of Justice (the “ECJ”) set aside the judgment of the Court of First Instance (now the General Court (the “GC”)) that had annulled a Commission’s decision declaring exemptions from the excise duty on mineral oils used as fuel for alumina production in France, Ireland and Italy incompatible with the State aid rules. The ECJ held that the GC had erred by finding that the Commission had not sufficiently motivated its decision. Although the GC was entitled to raise such a plea on its own initiative, it should have

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  • Van Bael & Bellis (Brussels)

Quotation

Markus Wellinger, The EU Court of Justice upholds Commission’s appeal against annulment of State aid decision on excise duty exemptions for alumina production (Commission / Ireland), 2 December 2009, e-Competitions December 2009, Art. N° 41683

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