Notices for publication in the OJ nº T-288/07 of Tribunal General de la Unión Europea, October 06, 2007

• Resolution Date: October 06, 2007
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-288/07

Action brought on 30 July 2007 - Alcan France v Commission

(Case T-288/07)

Language of the case: French

Parties

Applicant: Alcan France SAS (Paris, France) (represented by: M. Thill-Tayara, lawyer)

Defendant: Commission of the European Communities

Form of order sought

Annul the contested decision of the Commission and find that the measure in dispute does not constitute State aid or, in the alternative, find that that aid may not be recovered since the Commission infringed the principle of legitimate expectations and did not order that the aid be recovered within a reasonable time limit;

Annul Article 1 of the contested decision classing the contested measure as aid;

Annul Articles 2 and 3 of the contested decision classing the aid measure as incompatible;

Annul Articles 4 to 6 of the contested decision ordering recovery of the aid;

Order the Commission to pay the applicant the expenses and costs resulting from the contested decision.

Pleas in law and main arguments

By decision of 30 June 1997, adopted following a proposal from the Commission and in accordance with the procedure laid down in Council Directive 92/81/EEC, ¹ the Council authorised the Member States to apply or to continue to apply the existing reduced rates of excise duty or exemptions from excise duty to certain mineral oils when used for specific purposes. By four subsequent decisions, the Council extended that authorisation, the final authorisation period expiring on 31 December 2006. France was authorised to apply those reduced rates or exemptions to heavy fuel oil used as fuel for the production of alumina in the Gardanne region.

In a letter of 30 December 2001, the Commission notified France of its decision to initiate proceedings under Article 88(2) of the EC Treaty relating to the exemption from excise duty on mineral oils used as fuel for alumina production in the Gardanne region. ² On 7 December 2005, in consequence of this procedure, the Commission adopted Decision 2006/323/EC finding that exemptions from excise duty on mineral oils used as fuel for alumina production in the Gardanne region, the Shannon region and Sardinia, implemented by France, Ireland and Italy respectively, constituted State aid within the meaning of Article 87(1) EC that is in part incompatible with the common market, and thus ordered the Member States concerned to recover all such aid. ³

The Commission decided to extend the formal investigation procedure regarding the...