viernes, 23 de diciembre de 2016

CJEU sets aside General Court decision in the Spanish financial goodwill amortization cases

In a decision delivered on December 21, 2016, the Court of Justice of the European Union (CJEU) set aside two judgments of the General Court of the European Union (GC) that had found that the Spanish financial goodwill amortization regime did not constitute State aid.  The CJEU referred both cases back to the GC.
In the decision released December 21st, the CJEU stated that it cannot be deduced from existing EU case law that the selectivity analysis requires the
identification of a particular category of undertakings that exclusively benefit from the tax regime at issue. The CJEU considered that the selectivity analysis should determine whether a given tax measure favors certain undertakings
over other undertakings that are in a comparable factual and legal situation
(in light of the objective pursued by the general tax system concerned),
provided that this difference in treatment results in discrimination
against the undertakings excluded from the tax measure’s application.
The CJEU concluded that the fact that the EC failed to identify a particular
category of undertakings that benefitted from the financial goodwill amortization was not an appropriate ground for annulling the EC decisions, and that the GC should have instead examined whether the EC had effectively analyzed and established that the measure at issue was discriminatory. The CJEU therefore
set aside the November 2014 decisions of the GC (though the CJEU
did not itself give a final judgment) and referred the cases back to the GC
for a second hearing.
Source & more info: PwC

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