Did the General Court place too much emphasis on legislative technique and too little on substance and effect? Simon Whitehead (Joseph Hage Aaronson) critiques the state aid decision in UK and ITV v Commission.
The General Court’s judgment of 8 June 2022 (UK and ITV plc v European Commission (Cases T-363/19 and T-456/19)) concluded in unequivocal terms that the UK’s CFC rules introduced in 2013 (TIOPA 2010 Part 9A) granted unlawful state aid. By taxing non-trading financing income but exempting it in some cases the provisions produced a selective advantage for certain undertakings over others in a comparable position. All 14 defences mounted by the UK and the test case ITV were rejected. For a full and clear account of the judgment see the article ‘The General Court’s flawed decision on CFC state aid’ (Paul Davidson and Helen Buchanan) Tax Journal 24 June 2022....
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Did the General Court place too much emphasis on legislative technique and too little on substance and effect? Simon Whitehead (Joseph Hage Aaronson) critiques the state aid decision in UK and ITV v Commission.
The General Court’s judgment of 8 June 2022 (UK and ITV plc v European Commission (Cases T-363/19 and T-456/19)) concluded in unequivocal terms that the UK’s CFC rules introduced in 2013 (TIOPA 2010 Part 9A) granted unlawful state aid. By taxing non-trading financing income but exempting it in some cases the provisions produced a selective advantage for certain undertakings over others in a comparable position. All 14 defences mounted by the UK and the test case ITV were rejected. For a full and clear account of the judgment see the article ‘The General Court’s flawed decision on CFC state aid’ (Paul Davidson and Helen Buchanan) Tax Journal 24 June 2022....
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