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State aid and tax: a new approach

On 5 June in European Commission v Électricité de France (EDF) C-124/10 P the CJEU confirmed an earlier ruling by the General Court annulling an EU Commission decision that declared a French tax measure to constitute a state aid. According to the Court in 1997 in the context of the restructuring of EDF’s balance sheet and increasing of its capital the French State had waived a tax claim valued at approximately €890m corresponding to the corporation tax due from EDF.

The Court did not rule that the tax measure in question was not state aid but that the Commission was wrong in refusing from the outset to analyse the measure in the light of the market economy...

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