The EU Court of Justice declares that national authorities responsible for the recovery of aid classified as unlawful may apply a domestic provision in order to prevent double taxation (Fossil Group)

Corporate income tax in Gibraltar: the national authorities responsible for the recovery of aid classified as unlawful may apply a domestic provision in order to prevent double taxation* Following a formal investigation procedure into the corporate income tax regime in Gibraltar, the Commission made a decision that the tax exemption regime applied between 2011 and 2013 to passive interest income and royalty income selectively favoured certain types of company and therefore constituted unlawful State aid which was incompatible with the internal market within the meaning of Article 107(1) TFEU. In order to comply with that decision [1] , Gibraltar amended its domestic legislation to permit retrospective taxation of royalty income generated between