The case at issue is the General Court renvoi from the European Court of Justice (‘ECJ’) British Aggregates case of 2009.1 This case is the final answer of the European Courts to the British Aggregates ‘saga’. The 2006 General Court case has raised much criticism, especially because of the erroneous interpretation of the concept of material selectivity for eco-tax levies.2 The judgment was appealed to the ECJ which annulled the General Court judgment an