18.2.2012

Official Journal of the European Union

C 49/6

(Case C-250/10) (<span class="super">1</span>)

(Directive 2003/96/EC - Taxation of energy products and electricity - Article 14(1)(b) - Exemption of energy products used as fuel for the purpose of air navigation - Fuel provided by a person chartering out an aircraft used by charterers of the aircraft for their flights for purposes other than the supply of air services for consideration)

2012/C 49/10

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Haltergemeinschaft LBL GbR

Defendant: Hauptzollamt Düsseldorf

Re:

Reference for a preliminary ruling — Finanzgericht Düsseldorf — Interpretation of Article 14(1)(b) of Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ 2003 L 283, p. 51) — Scope of the exemption envisaged for energy products supplied for use as fuel for the purpose of air navigation — Exemption of fuel provided by an entity — which is not an airline — leasing or chartering out an aircraft used by lessees of the aircraft for their flights for commercial purposes

Operative part of the judgment

Article 14(1)(b) of Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity must be interpreted as meaning that the tax exemption on energy products supplied for use as fuel for the purpose of air navigation other than in private pleasure-flying provided for under that provision cannot apply in the case of a company, such as the applicant in the main proceedings, where it leases or charters out an aircraft belonging to it with the fuel to undertakings whose air navigation operations are not directly used for the supply, by those undertakings, of air services for consideration.

(<span class="super">1</span>) OJ C 226, 30.7.2011.