The EU Court of Justice clarifies application of the selectivity criterion to State aid (Anged)

On 26 April 2018, the Court of Justice of the European Union (“ECJ”) issued judgments on three requests for preliminary rulings from the Spanish Supreme Court regarding the qualification as state aid of regional taxes on large retail establishments situated in the territories of Catalonia (Case C-233/16), Asturias (Joined Cases C-234/16 and C-235/16) and Aragon (Joined Cases C-236/16 and C-237/16), as well as on its compatibility with the principle of freedom of establishment. The three Spanish autonomous regions introduced taxes on retail establishments with a sales area exceeding 2000m², 2500m² or 4000m², depending on the

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Markus Wellinger, The EU Court of Justice clarifies application of the selectivity criterion to State aid (Anged), 26 April 2018, e-Competitions Bulletin April 2018, Art. N° 87155

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