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CJEU annuls European Commission’s decision on State aid granted by Luxembourg to a financing company

02 December 2022

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Tax Alerts, Legislation & Policy, Na...

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Luxembourg, European Union

The Court of Justice of the European Union (CJEU) ruled that the European Commission (Commission) did not establish that Luxembourg granted State aid to a financing company forming part of a multinational group.According to the CJEU, the Commission and the General Court had erred in law when determining that the financing company had received State aid considering an arm’s-length principle that was not part of Luxembourg law.Executive summaryOn 8 November 2022, the CJEU issued its judgment on the Luxembourg State aid case concerning a financing company which formed part of a multinational enterprise (MNE) group. The CJEU set aside the...