CASE COMMENTS: STATE AID – EUROPEAN UNION – TAX RULING - FISCAL AUTONOMY OF THE MEMBER STATES – AID SCHEME

Tax ruling: The General Court of the European Union confirms the competence of the European Commission to apply State aid rules to tax ruling decisions but delivers the first annulment in this matter solely for a wrong application of the concept of aid scheme (Magnetrol International)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. This is the first judgment of a European court concerning the famous Commission decisions attacking "tax rulings", advance tax rulings or even "rescrits fiscaux", when these decisions appear to deviate manifestly from the principles generally accepted, according to the Commission, in the field of international taxation in the context of tax optimisation of operations, particularly those of multinationals. A major ruling was expected on many issues (such as the application of the "arm's length" tax principle or the criteria for selectivity, etc.) that have been in the news for some time. The Court of First Instance has shown economy by focusing on two

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  • Sheppard, Mullin, Richter & Hampton (Brussels)

Quotation

Jacques Derenne, Tax ruling: The General Court of the European Union confirms the competence of the European Commission to apply State aid rules to tax ruling decisions but delivers the first annulment in this matter solely for a wrong application of the concept of aid scheme (Magnetrol International), 14 February 2019, Concurrences N° 2-2019, Art. N° 90447, pp. 129-132

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