The General Court annuls the Commission decisions declaring the Spanish tax regime allowing for the deduction of shareholdings in foreign companies to be incompatible with the internal market. The Commission failed to establish the selective nature of that regime.
In 2011 the Commission has requested Spain, under EU state aid rules, to abolish a 2002 provision in its corporate tax that allows Spanish companies to amortise 'financial goodwill' deriving from acquisitions of shareholdings in companies in third countries. 
According to the General Court, the Commission failed to establish that the Spanish regime was selective, selectivity being one of the cumulative criteria for classifying a measure as State aid. 

Informatiesoort: Nieuws

Rubriek: Europees belastingrecht

H&I: Previews


Gerelateerde artikelen