Catherine Connolly (Galway West, Independent)
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124. To ask the Minister for Finance the position in relation to the EU's general court ruling that the Government had provided illegal state aid to a refinery (details supplied) in the amount of €10 million when the refinery was owned by a company; if the Government and-or the company has appealed this ruling; if so, if they have received a date for the hearing of the appeal; if the Government has placed the €10 million and-or the required sum into an escrow account; the legal costs incurred by the State in all hearings to date in this matter; and if he will make a statement on the matter. [33648/16]

Michael Noonan (Limerick City, Fine Gael)
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The EU Commission found that the exemption from excise duty granted by Ireland to a company in respect of heavy fuel oils used in the production of alumina constituted State aid.  As a result a total of some €14.5m "state aid" has been recovered from the company. These monies are being held in a deposit account.

The judgement of 22 April 2016 is the most recent in a long running legal battle around this issue. Both the company and the Government have appealed the decision of 22 April 2016. A hearing date has not yet been fixed for this appeal. 

In relation to legal costs incurred, I should point out that the Chief State Solicitors Office does not charge Government Departments for its services. However, I have been informed that the amount paid for counsel and travel and subsistence totals €46,299.97. This is in respect of the three General Court cases and the two cases before the Court of Justice.