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EU Commission's State aid decision on Netherlands group finance regime partially nullified

04 November 2007

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Approved Changes

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Netherlands

On 12 September 2007, the Court of First Instance of the European Community gave its decision in Case T-348/03 Koninklijke Friesland Foods NV v. European Commission on the issue whether or not the Commission's decision that found the Netherlands group finance regime to be incompatible State aid was in accordance with general principles of EC law as regards the transitional provisions included in the decision. Details of the judgment are summarized below. (a) Legal background. Upon request, group finance companies belonging to an international operating group of companies which met various requirements, could create a tax-deductible financial risk provision. On...