CASE COMMENTS: STATE AID - ILLEGAL AID - SELECTIVE ADVANTAGE - TAX RULLING

Advantage : The General Court of the European Union dismisses an action for annulment of a European Commission decision finding a selective advantage in a tax ruling granting illegal State aid to an energy supplier (Engie)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 20 June 2018, the Commission decided that the Engie group had benefited from state aid through two sets of Luxembourg tax rulings (SA.44888). Background Starting in September 2008, Luxembourg issued several tax rulings concerning the tax treatment of two similar financial transactions between four Luxembourg companies of the GDF Suez group (now Engie). These financial transactions were loans that could be converted into shares. The Commission was concerned that the tax rulings appeared to treat the same income inconsistently, as both a debt and a share. The Commission finally concluded that state aid was involved, arguing that the tax rulings granted

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Jacques Derenne, Ciara Barbu-O'Connor, Advantage : The General Court of the European Union dismisses an action for annulment of a European Commission decision finding a selective advantage in a tax ruling granting illegal State aid to an energy supplier (Engie), 12 May 2021, Concurrences N° 3-2021, Art. N° 102024, pp. 144-145

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