CASE COMMENTS: STATE AIDS - PRELIMINARY EXAMINATION – SERIOUS DIFFICULTIES – CIRCUMSTANCES AND LENGTH OF THE PRELIMINARY EXAMINATION

Preliminary examination : The General Court of the European Union dismisses an action brought against a Commission decision in which the latter found that the new Spanish scheme of early depreciation of certain assets acquired through financial leasing did not constitute State aid (Netherlands Maritime Technology Association)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 29 June 2011, the Commission initiated the formal investigation procedure laid down in Article 108(2) TFEU in respect of the Spanish tax regime applicable to certain finance lease agreements (fiscal leasing). The Commission considered that this scheme, which provided for a system of early depreciation of certain assets, would have allowed a transport company to acquire a ship - through a complex contractual and financial structure and not directly from the shipyard - at prices up to 30 % below the market price (this scheme is presented in points 2 to 16 of the commented judgment). Following an in-depth investigation, the Commission, by decision of 17

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  • General Court of the European Union (Luxembourg)

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Jérôme Gstalter, Preliminary examination : The General Court of the European Union dismisses an action brought against a Commission decision in which the latter found that the new Spanish scheme of early depreciation of certain assets acquired through financial leasing did not constitute State aid (Netherlands Maritime Technology Association), 9 December 2014, Concurrences N° 1-2015, Art. N° 71368, pp. 163-164

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