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[2009] All ER (D) 21 (Jan), ECJ

European Community - Customs and excise - duties - state aid - environmental levy on aggregates in the United Kingdom - applicant seeking partial annulment of Commission decision - Court of First Instance dismissing application - whether Court of First Instance erring - EC Treaty, art 88

European Community - Customs and excise - Court of Justice of the European Communities: Where the Court of First Instance of the European Communities had committed various errors in its dismissal of the applicant's application for partial annulment of a decision of the European Commission concerning state aid, the decision of the Court of First Instance would be set aside

The applicant, British Aggregates Association, was an incorporated association, the members of which comprised small independent quarrying companies in the United Kingdom. By letter of 24 September 2001, the Commission received a complaint on behalf of two undertakings. The complainants essentially took the view that the exclusion of certain materials from the scope of the levy