Brussels, 30/07/2001 (Agence Europe) - The European Commission has decided to haul Italy before the Court of Justice as it imposes excise duty on lubricating oil. Directive 92/81, on the alignment of excise duties on mineral oils provides for an exemption for oils used otherwise than as motor fuels or heating fuels. Yet, Italy in fact exempts mineral oils used as lubricating oils from the general excise, but imposes a special excise for this category of oil. The Commission whence believes that Italy does not respect European legislation on excise duty. It rests its case on the Court's case law, which has condemned the Swedish Administration for having imposed an ecological tax on national commercial aviation. Italy not having responded to the reasoned opinion sent to it in November 1999, the Commission has decided to refer the case to the Court.