The EU General Court annuls the Commission’s decision declaring the Spanish tax lease system to constitute illegal State aid (Spanish Tax Lease)

1. Introduction [1] On July 2011 the Commission launched an investigation into a Spanish scheme for the purchase of ships involving leasing and financing through tax relief. The complex scheme granted company income tax discounts to investors that invested in an Economic Interest Grouping (“EIG”) for the purpose of acquiring newly built ships from a shipyard through leasing contracts with a view to later chartering out and selling the ships to a shipping company. Two years later, the Commission issued the decision appealed in the present case: decision of 17 July 2013 on the aid scheme SA.21233 C/11 (ex NN/11, ex CP 137/06) implemented by Spain Tax scheme applicable to certain finance lease agreements also known as the Spanish Tax Lease System (notified under document C(2013) 4426)

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Carlota Jover, The EU General Court annuls the Commission’s decision declaring the Spanish tax lease system to constitute illegal State aid (Spanish Tax Lease), 17 December 2015, e-Competitions Tax rulings, Art. N° 77395

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