State Aid

News & Analysis as of

Court of Justice of the European Union Confirms Validity of the European Commission’s 2013 Banking Communication on State Aid

In its judgment of 19 June 2016, the Court of Justice of the European Union confirmed that the European Commission’s 2013 Banking Communication is not contrary to EU law. The Court clarified that the burden-sharing...more

Competition News July-August 2016

The French Competition Authority severely punished the exclusivity practices put in place by company in a dominant position - On June 23, 2016, the French Competition Authority punished the Belgian group Umicore for...more

Italian banks: Thoughts on recapitalisation and sharing the burden

Recapitalisation is in the air. Falling investor confidence has contributed to a sharp decline in Italian banks' share values, in particular since the UK's 'Brexit' vote to leave the European Union. Total gross non-performing...more

Antitrust Matters - July 2016

Welcome to the July issue of DLA Piper's quarterly Antitrust Matters newsletter, which brings you antitrust and competition news from all around the world. While we reflect on the UK's decision to leave the European...more

What Does Brexit Mean for UK Tax?

Once the formal procedure under Article 50 of the Lisbon Treaty is initiated by the United Kingdom, the government will negotiate the terms of its exit from the European Union. Whilst we must accept that this is a period of...more

Brexit Update: What’s Next for the Global Marketplace

In Depth - UK Withdrawal Process - The United Kingdom will continue to be an EU member until procedures are completed for exiting the European Union, which is likely to be a long process. Under EU Treaty rules,...more

Brexit State Aid Implications

State aid control is unusual internationally. State aid is entirely a matter of EU law and is administered by the EU. Unlike other areas of competition law, such as antitrust and merger control, there are no national rules or...more

"Insights: Brexit"

On June 23, the UK electorate took the historic decision to leave the European Union, a process that has never been undertaken by any member state. While the vote itself does not trigger the process of exit from a legal...more

Brexit – Legal Consequences For Commercial Parties: Gaining Or Losing The Competitive Edge? Implications For Competition Law...

Now that the UK is on the path to an “in-out” referendum on 23 June, this paper looks at the impact of a Brexit on competition policy and enforcement in the UK, and generally in the European Union (“EU”). EU competition...more

Tax State Aid: The European Commission concludes Belgian ‘excess profit’ rulings illegal

On January 11 2016, the European Commission (the Commission) again used Tax State Aid arguments to combat tax planning by multinationals when it announced its final decision in the formal state aid investigation into the...more

McDermott EU Competition Annual Review 2015

McDermott has published an EU Competition Annual Review for 2015. This 87 page booklet will help General Counsel and their teams focus on the most essential EU competition updates for 2015. Beyond being used to understand...more

European Commission adopts first two decisions in EU tax probe in push for corporate tax reform

On 21 October, the European Commission (“EC”) adopted its first decisions in its investigation into Member States’ tax rulings. The investigation, which began in June 2013, has also targeted tax rulings given to Apple and...more

The European Commission’s New Pandora’s Box – Reopening Final Tax Rulings as a Form of “State Aid”

In Short - The European Commission (Commission) has adopted a decision on 21 October 2015 on the tax rulings – also referred to as “comfort letters” – granted by Luxembourg to Fiat Finance and Trade (FFT) and by The...more

EU Prohibits "Fiscal Aid"

The European Commission has ruled that two decisions made by national tax authorities artificially reduced the tax burden on the companies involved. ...more

Tax Policy Update

NUMBER OF THE WEEK: 15. The number of member nations now under increased scrutiny from European Union regulators who are aggressively hunting for violations of the EU’s “state aid” rules. The possible violations arise from...more

The Netherlands: resistance against different gambling taxes; complaint EC lodged

Yesterday, Dutch media reported that the proposed Remote Gambling Act (“RGA”) is subject to a complaint filed with the European Commission. The sector organization of slot machines, VAN, submitted the complaint stating that...more

State aid modernisation in action: National electricity capacity mechanisms under scrutiny

On 29 April 2015, the European Commission (the “Commission”) launched its first sector inquiry under State aid rules to look into national measures to ensure that adequate capacity to produce electricity is available at all...more

Luxleaks - Challenging the challenges to tax rulings in the EU

The European Commission's recent state aid crusade against so-called sweet deals in the form of tax rulings may have unwelcome consequences never contemplated by the Commission....more

UK: Budget 2015 – Increased TV and Film Tax Credits

The Chancellor George Osborne has confirmed the introduction of a series of beneficial tax measures for the UK television and film industry in the 2015 Budget....more

EU General Court Upholds Finding of Irish Airline Tax as State Aid but Annuls Recovery Decision

In the parallel judgments T-473/12 and T-500/12 handed down on 5th February 2015, the EU General Court upheld the European’s Commission’s finding that the Irish airline tax constituted State aid. The Court confirmed that the...more

Feed-In Tariffs for Wind Energy Set out by the French Government May Constitute Unlawful State Aid

In February 2009, a claim was filed before the highest French administrative court (Conseil d’Etat) by the association “Vent de Colère” seeking the annulment of a ministerial order dated 17 November 2008 enacting the feed-in...more

State Aid Procedural Regulation Grants More Powers to the European Commission

New rules of procedure in EU State aid investigations will enter into force very soon. The European Commission will, for the first time, have the opportunity to request information from entities other than the EU Member State...more

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