The French Administrative Court of Appeal of Lyon rules that a claim questioning the validity of an EU Commission’s decision not to raise objection against alleged State aid measures, raised serious difficulties requiring a preliminary ruling (Régie Networks)

Factual Background Régie Networks, an undertaking selling advertising space for the NRJ Group's local radio stations, paid EUR 152 524 by way of parafiscal charge levied on advertisements broadcast on radio and television in 2001. It claimed reimbursement of that sum from the local tax authorities. The authorities failed to give a decision on the claim within the statutory time limit and the claim was rejected. The claimant issued proceedings before the Tribunal administratif de Lyon (Administrative Court of Lyon). In a judgment dated 25 April 2006, Régie Networks' application was rejected. The company appealed against the decision before the Cour administrative d'appel de Lyon (Administrative Court of Appeal of Lyon). The tax is a parafiscal tax instituted by a decree and had been