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CJEU Advocate General Opinion on European Commission Decision that UK Group Financing Exemption under CFC Rules Constituted Illegal State Aid for Certain Multinationals

15 April 2024

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Approved Changes

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European Union-United Kingdom

On 11 April 2024, an opinion was delivered by Advocate General (AG) Laila Medina of the Court of Justice of the European Union (CJEU) concerning the European Commission's 2 April 2019 decision finding that the group financing exemption allowed under the UK's controlled foreign company (CFC) rules gave an illegal tax advantage to certain multinationals, constituting illegal State aid. As previously reported, the decision was upheld by the General Court on 8 June 2022. However, according to AG Medina's opinion, the CJEU should annul the Commission decision because both the Commission and the General Court erred in law when considering...