CASE COMMENTS : STATE AID − TAX INCENTIVES IN FAVOUR OF CERTAIN RESTRUCTURED BANKS - NEGATIVE DECISION OF THE COMMISSION - CRITERION OF THE SELECTIVE ADVANTAGE - OBLIGATION TO STATE REASONS

Selective advantage: The General Court rules that the Commission’s choice of normal company tax as the reference framework and the finding, within that framework, that there was a selective economic advantage, was not erroneous (BNP Paribas and BNL)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. Trib. UE, 1 July 2010, BNP Paribas and BNL v Commission, Case T-335/08 At the origin of this case is a rather complex tax scheme provided for by Italian law aimed at reorganising the Italian public banking sector. It is a special scheme providing for the revaluation and realignment of the tax value of the assets of certain banks by way of derogation from ordinary Italian law. The aim of the scheme is to facilitate the transfer of fixed assets and other forms of banking assets held by public banking bodies to private institutions. The initially temporary scheme was subsequently extended by a provision of the Italian Finance Law of 2003. The

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  • European Court of Justice (Luxembourg)

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Cédric Kaczmarek, Selective advantage: The General Court rules that the Commission’s choice of normal company tax as the reference framework and the finding, within that framework, that there was a selective economic advantage, was not erroneous (BNP Paribas and BNL), 1 July 2010, Concurrences N° 4-2010, Art. N° 33123, pp. 174-175

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