Official Journal of the European Union

C 200/18

(Case T-56/06 RENV II) (<span class="super">1</span>)

((State aid - Directive 92/81/EEC - Excise duties on mineral oils - Mineral oils used as fuel for alumina production - Exemption from excise - Legitimate expectations - Legal certainty - Reasonable time))

(2016/C 200/25)

Language of the case: French

Parties

Applicant: French Republic (represented by: G. de Bergues, D. Colas and R. Coesme, acting as Agents)

Defendant: European Commission (represented by: V. Di Bucci, N. Khan, G. Conte, D. Grespan and K. Walkerová, acting as Agents)

Re:

Application for the annulment of Article 5 of 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 (OJ 2006 L 119, p. 12), in so far as it obliges the French Republic to recover the State aid incompatible with the common market it granted, between 3 February 2002 and 31 December 2003, on the basis of the exemption from excise duty on mineral oils used as fuel for alumina production in the Gardanne region (France).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders the French Republic to bear its own costs and to pay three quarters of the costs of the Commission in Cases T-56/06, T-56/06 RENV I and T-56/06 RENV II and three twentieths of the costs incurred by the Commission in Cases C-89/08 P and C-272/12 P;

3.Orders the Commission to bear one quarter of its own costs in Cases T-56/06, T-56/06 RENV I and T-56/06 RENV II and one fifth of its own costs in Cases C-89/08 P and C-272/12 P.

(<span class="super">1</span>) OJ C 96, 22.4.2006.