25 Secondly, the French Republic, Eurallumina and AAL consider, in essence, that the General Court amplified the pleas which they had put forward, as a result of the dialogue between the parties in the course of the procedure. The French Republic states that its first plea for annulment was based on an infringement of the concept of State aid within the meaning of Article 87(1) EC, while Eurallumina states that it had, without using the word ‘attributability’, raised the issue of whether the exemption affecting it could constitute aid granted by the Italian Republic. The Commission itself introduced the issue of the attributability of the exemptions at issue into the debate, in its defence to the plea alleging an infringement of the principle of legal certainty. According to Eurallumina, the General Court then examined that issue in order to reject the Commission’s arguments and to support its assessment of whether the effects of an authorisation granted by one European Union institution which leaves no discretion in respect of its implementation by the Member State can be called into question and nullified as they have been by another European Union institution. According to AAL, the General Court did no more than examine, and then reject, an argument of the Commission.
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