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EU General Court Upholds European Commission Decision that UK Group Financing Exemption under CFC Rules Constituted Illegal State Aid for Certain Multinationals

10 June 2022

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Approved Changes

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United Kingdom-European Union

On 8 June 2022, the General Court of the European Union issued its judgment in joint cases T 363/19 and T 456/19, which concern 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. In the decision, the Commission found that, although the exemption was partly justified and did not constitute illegal State aid as a whole, it did unduly exempt certain multinational groups from the CFC rules, in breach of EU State aid rules. As...