The Belgian Arbitration Court dismisses a claim for the annulment of a national law granting a tax exemption regime to the telecommunication incumbent making a confusion between the competences of the EU Commission and national courts (Belgacom)

Factual background The tribunal of Gand refered a question for preliminary ruling to the Arbitration court relating to the validity of a provision of the Belgian fiscal code granting a housing tax exemption for property. Belgacom contested the payment of the taxes after it lost the benefit of the exemption. It contested the validity of the exemption alleging that it confers a fiscal advantage to other economic operators active on the same market. The Flemish government argued that the fiscal measure was initially declared incompatible by the Commission pursuant to Articles

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