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The EU General Court issues two decisions on State Aid appeals brought by a major Big tech company and an energy company (Amazon) (Engie)

On May 12, 2021, the General Court of the European Union (EU) published its decisions on the appeals against the findings of the European Commission (EC) that State aid had been granted to Amazon and Engie by Luxembourg in the form of tax rulings resulting in non-arm's length transfer pricing and inconsistent treatment of the financing transaction In its decision regarding Amazon, the General Court concludes that “none of the findings set out by the Commission in the contested decision are sufficient to demonstrate the existence of an advantage for the purposes of Article 107(1) TFEU, with the result that the contested decision must be annulled in its entirety”. This decision is important because it calls into question the Commission’s established approach to state aid investigations

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Authors

  • Arendt & Medernach (Luxembourg)
  • Arendt & Medernach (London)

Quotation

Alain Goebel, Daniel Beeton, The EU General Court issues two decisions on State Aid appeals brought by a major Big tech company and an energy company (Amazon) (Engie), 12 May 2021, e-Competitions Preview, Art. N° 100969

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