Fiat Wins Appeal Against The EU Commission: A Bombshell Decision Of The CJEU – Tax Authorities
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On 8 November 2022, the Court of Justice of the European Union
(“CJEU“) rendered its judgment
regarding the appeals filed by Fiat Chrysler
Finance Europe (formerly Fiat Finance and Trade Ltd, FFT,
C-885/19 P) and Ireland (C-898/19 P).
By their respective appeals, FFT and Ireland requested to have
set aside the judgment of the General Court of the European Union
of 24 September 2019 by which the latter dismissed their actions
for annulment of the final State aid decision of the European
Commission of 21 October 2015 on Fiat (SA.38375).
The State aid decision of the European
Commission concerned a tax ruling issued by the Luxembourg
tax authorities on 3 September 2012 which confirmed that the
underlying transfer pricing analysis has been realized in
accordance with the Circular 164/2 of 28 January
2011 and respects the arm’s length
principle. With its decision, the EU Commission
requested Luxembourg to reclaim an amount of circa EUR 30m from the
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