The EU General Court annuls the Commission’s decision concerning the tax rulings in favor of a Big Tech company (Apple)

On 15 July 2020, the General Court (the “GC”) annulled the European Commission’s (the “Commission”) decision of 30 August 2016 concerning tax rulings adopted by the Irish authorities in relation to two companies forming part of the Apple Group (the “Contested Decision”). The Contested Decision found that the tax rulings issued by Ireland with regard to the profits of Apple Operations Europe (“AOE”) and its subsidiary Apple Sales International (“ASI”) – both incorporated, but not tax resident, in Ireland – had granted them a selective advantage. In particular, the Contested Decision found that these rulings gave rise to a reduction of the charges that ASI and AOE would have been required to bear in the course of their business operations in Ireland, and that, accordingly, they had granted State

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  • Van Bael & Bellis (Brussels)
  • Van Bael & Bellis (Brussels)

Quotation

Markus Wellinger, Francesco Pili, The EU General Court annuls the Commission’s decision concerning the tax rulings in favor of a Big Tech company (Apple), 15 July 2020, e-Competitions Tax rulings, Art. N° 96299

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