Source: All England Reporter
Publisher Citation: [2006] All ER (D) 47 (Apr)
Court: Court of First Instance of the European Communities (First Chamber)

Judges Vesterdorf (President), Cooke, Garcia-Valdecasas, Labucka and Trstenjak

Judgment Dates: 5 April 2006


European Community - State aids - Concept of state aid - Measures stemming from Community legislation - German domestic law providing for exemption of aviation fuel for commercial purposes from excise duty - German rail company complaining to Commission that domestic provision amounting to state aid - Commission refusing to investigate - Whether decision of Commission to be annulled - EC Treaty, art 87.

The Case

A provision of German domestic law which exempted aviation fuel for commercial purposes from excise duty did not amount to state aid since it did no more than implement Community legislation (namely art8(1) of Council Directive (EEC) 92-81).

Practice Areas

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