CELEX: 62004TA0359
Language: en
Date: 2010-09-09 00:00:00
Title: Case T-359/04: Judgment of the General Court of 9 September 2010 — British Aggregates and Others v Commission (State aid — Environmental tax on aggregates in the United Kingdom — Exemption for Northern Ireland — Commission decision not to raise objections — Serious difficulties — Community guidelines on State aid for environmental protection)

23.10.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 288/28
            
         
      Judgment of the General Court of 9 September 2010 — British Aggregates and Others v Commission
      (Case T-359/04) (1)
      
      (State aid - Environmental tax on aggregates in the United Kingdom - Exemption for Northern Ireland - Commission decision not to raise objections - Serious difficulties - Community guidelines on State aid for environmental protection)
      (2010/C 288/52)
      Language of the case: English
      
         Parties
      
      
         Applicants: British Aggregates Association (Lanark, United Kingdom), Healy Bros. Ltd (Middleton, Ireland) and David K. Trotter & Sons Ltd (represented by: C. Pouncey, Solicitor, and L. Van den Hende, lawyer)
      
         Defendant: European Commission (represented by: J. Flett and T. Scharf, Agents)
      
         Intervening party: United Kingdom of Great Britain and Northern Ireland, (represented initially by M. Bethell and subsequently by E. Jenkinson and I. Rao, and lastly by S. Ossowski, acting as Agents, assisted by M. Hall and G. Facenna, Barristers)
      
         Re:
      
      Application for annulment of Commission Decision C(2004) 1614 final of 7 May 2004 not to raise objections to the modified exemption for Northern Ireland in the context of the scheme of levies on aggregates in the United Kingdom
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Annuls Commission Decision C(2004) 1614 final of 7 May 2004 not to raise objections to the change in the exemption, in Northern Ireland, from the levy on aggregates in the United Kingdom;
               
            
                  2.
               
               
                  Orders the Commission to bear its own costs and to pay those incurred by the British Aggregates Association, Healy Bros. Ltd and David K. Trotter & Sons Ltd;
               
            
                  3.
               
               
                  Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.
               
            
         (1)  OJ C 284, 20.11.2004.