Judgment of the General Court in the case Lico Leasing. The General Court annuls the Commission Decision because it is vitiated by a number of errors and contains an insufficient statement of reasons concerning the classification as State aid. According to the Court, the Commission was wrong to declare that there was a selective economic advantage and, therefore, State aid to the EIGs and investors. The Court notes in that respect that by reason of the fiscal transparency of the EIGs, the fiscal measures applied to them under the STLS (Spanish Tax Lease System) could benefit only their members, the investors. In the absence of an economic advantage for the EIGs, the Commission was wrong to find that they had benefited from State aid. With regard to the investors, the Court found that the economic advantage obtained by them was not selective.

T‑515/13 and T‑719/13

Informatiesoort: Nieuws

Rubriek: Europees belastingrecht

H&I: Previews


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