19.7.2008

Official Journal of the European Union

C 183/14

(Case C-201/08)

(2008/C 183/28)

Language of the case: German

Referring court

Hessische Finanzgerichts, Kassel

Parties to the main proceedings

Applicant: Plantanol GmbH & Co.KG

Defendant: Hauptzollamt Darmstadt

Questions referred

1.Is a national provision such as Paragraph 50(1)(1) of the Energy Tax Law (Energiesteuergesetz), as amended by the Biofuel Quota Law (Biokraftstoffquotengesetz) of 18 December 2006, which does not accord an advantage to that part of a fuel blend consisting of a biofuel composed of vegetable oil meeting the DIN V 51605 standard (as it stood in July 2006) contrary to Directive 2003/30/EC of the European Parliament and of the Council of 8 May 2003 on the promotion of the use of biofuels or other renewable fuels for transport (Biofuel Directive), particularly in the light of recitals 10, 12, 14, 19, 22 and 27 therein?

2.Does the Community law principle of legal certainty and protection of legitimate expectations require that it should be permissible only in wholly exceptional circumstances for a Member State which adopts rules for the implementation of that directive and, in doing so, has established a promotion scheme consisting of tax advantages spread over several years, to amend that scheme, during the time-limit laid down, to the disadvantage of an undertaking which previously enjoyed an advantage?

(1) OJ L 123, p. 42.