AG view that UK aggregates levy exemption was State aid

ECJ Advocate General opinion (about 24 pages) proposing that the court quash the 2006 Court of First Instance judgment that had agreed with a European Commission decision that exemptions from the UK aggregates levy did not amount to State aid under Article 87.

According to Advocate General Paolo Mengozzi, the CFI has been wrong to treat the fact that the exemption scheme appeared in line with its environmental protection objectives as a factor to take account in determining whether it was State aid; that point should have been considered only in relation to whether the scheme was compatible with the EC treaty.

Note on ECJ Advocate General opinions

For further information or advice please contact Franck Latrémolière.

Filed under ECJ/CFI.

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