Other cases that caught our eye: 29 September 2023

Belgian excess profits scheme is unlawful state aid: In Belgium v Commission (Case T-131/16) (20 September 2023) the General Court held that the European Commission was correct to rule that a scheme – which exempted excess profits by Belgian entities forming part of multinational groups from corporate income tax – constituted unlawful state aid. The court found that the scheme: (1) did grant tax advantages; (2) was selective because (i) it differentiated between operators in a comparable factual and legal situation; firms within multinational groups (benefiting from the exemption) were treated differently to those which were not (not benefiting from the exemption) and (ii) it was not open to companies which did not make investments centralise activities or create employment in Belgium; and (3) was not open to undertakings that were part of a small group. Twenty-nine other appeals by various companies were also dismissed. (By way...