Work Area: State Aid

State aid official: we need right toolkit to define selectivity principle

The European Court of Justice’s recent Heitkamp Bauholding ruling shows the importance the courts attach to the selectivity principle in state aid – but the European Commission lacks “the right toolkit” to define the correct reference system in such cases, a commission official has said.

12 October 2018

EU has made private enforcement in state aid less attractive, says lawyer

The European Commission and EU courts have made state aid private enforcement “less appealing and less attractive” by ignoring national court judgments, a state aid lawyer has said.

11 October 2018

Luxembourg didn’t give McDonald’s illegal state aid, commission finds

The European Commission has found the “double non-taxation” of McDonald’s profits in Luxembourg does not amount to illegal state aid, but rather derives from a difference in US and Luxembourg tax laws.

19 September 2018

Brexit imposition of state aid on CMA worries lawyers

The UK government has said it will apply a “common rulebook” regarding state aid upon Britain’s exit from the European Union, but practitioners are concerned that the UK’s national competition authority does not currently have the resources to take on this role.

09 July 2018

Engie must pay back €120 million in state aid

The European Commission has ordered Luxembourg to collect €120 million in back taxes from Engie, for the energy company having avoided paying tax on 99% of the profits it earned in the country for almost a decade.

20 June 2018

CMA gets state aid control after Brexit

The UK’s Competition and Markets Authority will be given state aid powers after the country leaves the European Union, the British government has said.

05 April 2018

Tommaso Valletti at GCR Live IP & Antitrust

A transcript of the keynote given by Tommaso Valletti, chief competition economist at European Commission, at GCR Live IP & Antitrust in Brussels on 13 March.

28 March 2018

DG Comp probes UK tax scheme

The European Commission has opened an in-depth investigation into a UK government tax exemption to multinational companies that could amount to illegal state aid.

27 October 2017

EU rules Amazon’s tax illegal and takes Ireland to court on Apple

The European Commission today issued two decisions: forcing Luxembourg to recover €250 million in unpaid tax from Amazon, and referring Ireland to the European Court of Justice for delayed recovery of €13 billion in unpaid tax from Apple – leaving commentators questioning whether the enforcer incorrectly applied state aid laws to clamp down on corporate tax deals.

04 October 2017

Germany differs from ECJ on state aid

Germany’s Federal Court of Justice ruled yesterday that the discount in fees Ryanair received from Lübeck Blankensee airport did not amount to state aid; unlike the European Court of Justice, the German court held that the European Commission’s opening decisions do not have a binding effect on national courts.

10 February 2017

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