CASE COMMENTS: STATE AID - TAX EXEMPTION - TAX RULING

Tax ruling: The General Court of the European Union rules that the European Commission was entitled to open a formal investigation procedure against alleged tax ruling aid and to consider a measure as individual aid without first having to verify whether that measure was an aid scheme (Nike European Operations / Converse)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 14 July 2021, the Court of First Instance dismissed an action brought by Nike against the Commission's decision to initiate the formal investigation procedure in thetax rulingcase concerning the Nike group. According to the Court of First Instance, the Commission complied with the procedural rules, did not fail to fulfil its obligation to state reasons and did not make a manifest error of assessment. Background In 2019, the Commission decided to open a formal investigation procedure into advance tax rulings ["tax rulings"] issued by the Dutch tax authorities to Nike European Operations Netherlands ["Nike"] in 2006, 2010 and 2015, and to Converse

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Authors

  • Sheppard, Mullin, Richter & Hampton (Brussels)
  • Sheppard, Mullin, Richter & Hampton (Brussels)

Quotation

Jacques Derenne, Ciara Barbu-O'Connor, Tax ruling: The General Court of the European Union rules that the European Commission was entitled to open a formal investigation procedure against alleged tax ruling aid and to consider a measure as individual aid without first having to verify whether that measure was an aid scheme (Nike European Operations / Converse), 14 July 2021, Concurrences N° 4-2021, Art. N° 103420, pp. 125-129

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