Fiat Chrysler Finance Europe and others v European Commission

In Fiat Chrysler Finance Europe and others v European Commission (Cases C-885/19 and C-898/19) (8 November 2022) the Court of Justice of the European Union (CJEU) upheld the company’s appeal against decisions of the Commission and the European General Court that an advance transfer pricing agreement entered into by the company with the Luxembourg tax authority constituted state aid. 

The company (FFT) was a member of the Fiat/Chrysler group and provided treasury services and financing to group companies in Europe. It operated from Luxembourg where its head office was located. FFT entered into an advance pricing agreement with the Luxembourg tax authority in 2012 which was to last for five years. The European Commission conducted an investigation into the agreement and ruled that it amounted to an unnotified state aid. It concluded that the methodology used in the agreement did not lead...