Notices for publication in the OJ nº T-129/07 and T-130/07 of Tribunal General de la Unión Europea, June 23, 2007

• Resolution Date: June 23, 2007
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-129/07 and T-130/07

Action brought on 17 April 2007 - Ireland v Commission

(Case T-129/07)

Language of the case: English

Parties

Applicant: Ireland (represented by: D. O'Hagan, E. Alkin, Agents, and P. McGarry, Barrister)

Defendant: Commission of the European Communities

Form of order sought

Annul pursuant to Article 230 of the Treaty, in whole or in part, Commission Decision C(2007) 286 final of 7 February 2007 concerning the exemption from excise duty on mineral oils used as fuel for alumina production in Gardanne, in the Shannon region and in Sardinia, implemented by France, Ireland and Italy respectively, insofar as it concerns the exemption from excise duty on mineral oils used as fuel for alumina production in the Shannon region implemented by Ireland;

order the Commission to pay the costs of these proceedings.

Pleas in law and main arguments

The applicant seeks the annulment of Commission Decision C(2007) 286 final of 7 February 2007 by which the Commission found that the exemptions from excise duty granted by France, Ireland and Italy in respect of heavy fuel oils used in the production of alumina as from 1 January 2004 constitute State aid within the meaning of Article 87(1) EC and that a certain part of this aid was incompatible with the common market.

In support of its application, the applicant invokes four pleas in...