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Case C-323/16 P: Order of the Court (Seventh Chamber) of 7 December 2017 — Eurallumina SpA v Italian Republic, European Commission (Appeal — State aid — Article 181 of the Rules of Procedure of the Court of Justice — Intervention — Cross-appeal — Admissibility — Exemption from excise duty on mineral oils used as fuel for alumina production — Principle of presumption of the legality and of the effet utile of acts of the institutions — Principle lex specialis derogat legi generali — Selective nature of the measure — Existing or new aid — Regulation (EC) No 659/1999 — Article 1(b)(ii) — Principle of legal certainty — Principle of the protection of legitimate expectations — Duty to state reasons)
ECLI:EU:UNKNOWN:62016CB0323
62016CB0323
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Official Journal of the European Union
C 63/2
(Case C-323/16 P) (<span class="super note-tag">1</span>)
((Appeal - State aid - Article 181 of the Rules of Procedure of the Court of Justice - Intervention - Cross-appeal - Admissibility - Exemption from excise duty on mineral oils used as fuel for alumina production - Principle of presumption of the legality and of the effet utile of acts of the institutions - Principle lex specialis derogat legi generali - Selective nature of the measure - Existing or new aid - Regulation (EC) No 659/1999 - Article 1(b)(ii) - Principle of legal certainty - Principle of the protection of legitimate expectations - Duty to state reasons))
(2018/C 063/02)
Language of the case: English
Parties
Appellant: Eurallumina SpA (represented by: L. Martin Alegi, L. Philippou and A. Stratakis, Solicitors)
Intervener in support of the appellant: French Republic (represented by: D. Colas and R. Coesme, acting as Agents)
Other parties to the proceedings: Italian Republic (represented by: G. Palmieri, acting as Agent, assisted by P. Grasso, avvocato dello Stato), European Commission, (represented by: V. Bottka and N. Khan, acting as Agents)
Operative part of the order
The Court:
1.Dismisses the main appeal and the cross-appeal.
2.Orders Eurallumina SpA to pay the costs relating to the main appeal.
3.Orders the Italian Republic to pay the costs relating to the cross-appeal.
4.Orders the French Republic to bear its own costs.
(<span class="super">1</span>) OJ C 270, 25.7.2016.