CASE COMMENTS : STATE AIDS – BANK - TAXATION OF CAPITAL GAINS – SELECTIVITY – JUSTIFICATION BY THE NATURE AND THE GENERAL SCHEME OF THE TAX SYSTEM

Taxation of capital - Gains – Selectivity: The Court of Justice confirms the selectivity of a realignment plan on tax values but deepens the judicial review on the justification of such measures by the nature and economy of this tax system (BNP Paribas et Banca Nazionale del Lavoro)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, 21.06.12, BNP Paribas and Banca Nazionale del Lavoro SpA (BNL) v. European Commission, case C-452/10 P The Court of Justice had to rule on an appeal against a judgment of the General Court of 1 July 2010 (Case T-335/08), commented on in the review Concurrences (No 4-2010, p. 174). The Court of First Instance followed the Commission's reasoning in the decision of 11 March 2008, which declared aid granted in 2003 in the form of tax incentives to certain restructured credit institutions to be incompatible with the internal market. The classification of that tax incentive as a selective advantage was at the heart of the controversy between the

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  • European Commission - Legal Service (Brussels)

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Bruno Stromsky, Taxation of capital - Gains – Selectivity: The Court of Justice confirms the selectivity of a realignment plan on tax values but deepens the judicial review on the justification of such measures by the nature and economy of this tax system (BNP Paribas et Banca Nazionale del Lavoro), 21 June 2012, Concurrences N° 4-2012, Art. N° 49462, pp. 131-134

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