The Belgium Constitutional Court rules that fines imposed under Reg. n°1/2003 are not tax deductible under Belgian law (Tessenderlo Chemie)

I. Facts The European Commission opened an enquiry about alleged violation of EU competition law against Tessenderlo Chemie, a Belgian company. Tessenderlo Chemie made provisions in order to pay the expected fine. These provisions were tax exempted until 2008 when article 53 of the Belgian Income Tax Code “BITC”) was revamped. In 2009, Tessenderlo Chemie was therefore required to pay 25 million euros as a contribution under the BITC. In 2010, Tessenderlo Chemie challenged this contribution in Court: an administrative fine, such as those imposed under regulation n°1/2003, should be tax deductible. The Tribunal of first instance of Brussels asked a prejudicial question the Belgian constitutional Court regarding the compatibility of the BITC with the non-discrimination principle contained

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Alexandre Defossez, The Belgium Constitutional Court rules that fines imposed under Reg. n°1/2003 are not tax deductible under Belgian law (Tessenderlo Chemie), 20 December 2012, e-Competitions Bulletin Judicial review, Art. N° 57250

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