The Amsterdam Court of Appeal holds, after having heard the European Commission’s submissions provided as amicus curiae on the basis of Art. 15.3 Reg. 1/2003, that fines imposed by the EU Commission for breach of competition rules are not deductible from taxable profits (X B.V. Belanghebbende / Inspecteur Belastingdienst)

The present judgement from the Gerechtshof Amsterdam (the Court of appeal of Amsterdam) follows the preliminary ruling issued by the European Court of Justice on 11 June 2009 in case C-429/07, Inspecteur van Belastingdienst v. X BV [1]. The case at hand relates to a dispute between company X and the Dutch tax administration about whether the amount of a fine imposed by the European Commission for breach of Article 81 EC could be partially deducted from the taxable profits of that company. In first instance, the Rechtbank Haarlem (the Court of First Instance of Haarlem) had held that a fine imposed by the Commission was partially deductible from taxable profits, as it contained not only punitive elements, but also benefit-depriving elements. On appeal before the Gerechtshof

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  • European Commission - DG HR
  • European Court of Justice (Luxembourg)

Quotation

Tristan Baumé, Sally Janssen, The Amsterdam Court of Appeal holds, after having heard the European Commission’s submissions provided as amicus curiae on the basis of Art. 15.3 Reg. 1/2003, that fines imposed by the EU Commission for breach of competition rules are not deductible from taxable profits (X B.V. Belanghebbende / Inspecteur Belastingdienst), 11 March 2010, e-Competitions Bulletin Amicus curiae, Art. N° 31650

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