This judgment deals a blow to the European Commission’s state aid investigations concerning tax rulings on transfer pricing, writes Pierre-Antoine Klethi and Peter Adriaansen (Loyens & Loeff).
On 15 November 2022 in Fiat Chrysler Finance Europe and others v European Commission (Cases C-885/19 and C-898/19) the Court of Justice of the European Union (CJEU) annulled the finding that Fiat received unlawful aid from Luxembourg. This judgment deals a blow to the European Commission’s state aid investigations concerning tax rulings at least when the subject matter is transfer pricing. Defeat in several other pending cases before the EU courts such as the multi-billion Apple case (Case C-465/20 P) looks increasingly likely for the European Commission which will need to rethink its approach. The Fiat judgment may also provide support for taxpayers involved in still pending informal or formal state aid investigations (such as Nike and Ikea)...
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This judgment deals a blow to the European Commission’s state aid investigations concerning tax rulings on transfer pricing, writes Pierre-Antoine Klethi and Peter Adriaansen (Loyens & Loeff).
On 15 November 2022 in Fiat Chrysler Finance Europe and others v European Commission (Cases C-885/19 and C-898/19) the Court of Justice of the European Union (CJEU) annulled the finding that Fiat received unlawful aid from Luxembourg. This judgment deals a blow to the European Commission’s state aid investigations concerning tax rulings at least when the subject matter is transfer pricing. Defeat in several other pending cases before the EU courts such as the multi-billion Apple case (Case C-465/20 P) looks increasingly likely for the European Commission which will need to rethink its approach. The Fiat judgment may also provide support for taxpayers involved in still pending informal or formal state aid investigations (such as Nike and Ikea)...
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