# C_2008022EN.01004302.xml

| 26.1.2008 | EN | Official Journal of the European Union | C 22/43 |
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26.1.2008

EN

Official Journal of the European Union

C 22/43

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Judgment of the Court of First Instance of 12 December 2007 — Ireland and Others v Commission

(Joined Cases T-50/06, T-56/06, T-60/06, T-62/06 and T-69/06) (1)

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(State aid - Directive 92/81/EEC - Excise duty on mineral oils - Mineral oils used as fuel for the production of alumina - Exemption granted by the French, Irish and Italian authorities - New aid - Existing aid - Obligation to state reasons - Finding of the Court of its own motion)

(2008/C 22/80)

Languages of the case: English, French and Italian

Parties

Applicant in Case T-50/06: Ireland (represented by: D. O'Hagan, Agent, and P. McGarry, Barrister)

Applicant in Case T-50/06: Ireland (represented by: D. O'Hagan, Agent, and P. McGarry, Barrister)

Applicant in Case T-56/06: French Republic (represented by: G. de Bergues and S. Ramet, Agents)

Applicant in Case T-56/06: French Republic (represented by: G. de Bergues and S. Ramet, Agents)

Applicant in Case T-60/06: Italian Republic (represented by: G. Aiello, avvocato dello Stato)

Applicant in Case T-60/06: Italian Republic (represented by: G. Aiello, avvocato dello Stato)

Applicant in Case T-62/06: Eurallumina SpA (Portoscuso, Italy) (represented by: L. Martin Alegi, R. Denton and M. Garcia, Solicitors)

Applicant in Case T-62/06: Eurallumina SpA (Portoscuso, Italy) (represented by: L. Martin Alegi, R. Denton and M. Garcia, Solicitors)

Applicant in Case T-69/06: Aughinish Alumina Ltd (Askeaton, Ireland) (represented by: J. Handoll and C. Waterson, Solicitors)

Applicant in Case T-69/06: Aughinish Alumina Ltd (Askeaton, Ireland) (represented by: J. Handoll and C. Waterson, Solicitors)

Defendant: Commission of the European Communities (represented by V. Di Bucci, N. Khan, P. Stancanelli and K. Walkerová, acting as Agents)

Defendant: Commission of the European Communities (represented by V. Di Bucci, N. Khan, P. Stancanelli and K. Walkerová, acting as Agents)

Re:

Actions for annulment of Commission Decision 2006/323/EC of 7 December 2005 on the exemption from excise duty on mineral oils used as fuel for alumina production in the Gardanne region, the Shannon region and Sardinia, implemented by France, Ireland and Italy respectively (OJ 2006 L 119, p. 12)

Operative part of the judgment

The Court:

| 1. | Joins Cases T-50/06, T-56/06, T-60/06, T-62/06 and T-69/06 for the purposes of the judgment; |
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1.

Joins Cases T-50/06, T-56/06, T-60/06, T-62/06 and T-69/06 for the purposes of the judgment;

| 2. | Annuls Commission Decision 2006/323/EC of 7 December 2005 concerning the exemption from excise duty on mineral oils used as fuel for alumina production in Gardanne, in the Shannon region and in Sardinia respectively implemented by France, Ireland and Italy; |
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2.

Annuls Commission Decision 2006/323/EC of 7 December 2005 concerning the exemption from excise duty on mineral oils used as fuel for alumina production in Gardanne, in the Shannon region and in Sardinia respectively implemented by France, Ireland and Italy;

| 3. | Dismisses the remainder of the action in Case T-62/06; |
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3.

Dismisses the remainder of the action in Case T-62/06;

| 4. | Orders the Commission to bear its own costs and to pay those of the applicants, including the costs of the interim proceedings in Case T-69/06 R. |
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4.

Orders the Commission to bear its own costs and to pay those of the applicants, including the costs of the interim proceedings in Case T-69/06 R.

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(1)  OJ C 86, 8.4.2006.

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