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State aid and tax rulings: latest developments

On 12 May the EU General Court (GC) issued two further judgments in the series of ongoing appeals against European Commission decisions finding that tax rulings by national tax authorities give rise to unlawful state aid. Both cases involved tax rulings by the Luxembourg tax authorities. In one case Luxembourg and Amazon v Commission (Joined Cases T-816/217 and T-318/18) (Amazon) the GC annulled the Commission’s decision finding state aid; in the other Luxembourg and Engie v Commission (Joined Cases T-516/18 and T-525/18) (Engie) (currently only available in French) the GC upheld the Commission.

Despite the difference of result there is no inconsistency between the two judgments. The two cases involved very different tax issues. In Amazon the issue was the now familiar one of the treatment for corporation tax purposes of royalty payments between entities in the same group: the Commission decided...

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