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CJEU Partially Annuls State Aid Decision on Spanish Tax Lease System

06 February 2023

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Approved Changes

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European Union-Spain

On 2 February 2023, the Court of Justice of the European Union (CJEU) issued a judgment annulling, in part, a European Commission decision that the Spanish tax system applicable to certain finance lease agreements entered into by shipyards, the 'Spanish Tax Lease System' (STL), constitutes an unlawful State aid scheme. The STL system allowed shipping companies to benefit from a 20-30% price reduction when purchasing ships constructed in Spanish Shipyards. This was achieved through the use of an Economic Interest Grouping (EIG) that takes a lease on a ship from a leasing company as soon as the construction of such...