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EU General Court Annuls Commission State Aid Decision on Spanish Goodwill Deduction for Indirect Acquisitions of Shareholdings in Foreign Companies

29 September 2023

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Approved Changes

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European Union-Spain

On 27 September 2023, the General Court of the European Union issued judgments in several cases that annul the European Commission's 15 October 2014 State aid decision that had required the recovery of Spanish tax benefits related to allowing companies to take deductions for goodwill arising from the acquisition of indirect shareholdings in foreign companies. The Commission found that allowing such deductions constituted illegal state aid providing selective economic advantage which cannot be justified under EU rules, and that entities that received this benefit must now repay it to the Spanish government. The decision follows similar decisions in 2009 and...