Information;Judgment — ECLI:EU:T:2023:568
Date: 2023-09-20
Language of the case: English
Court formation: Second Chamber, Extended Composition
Subject matter: State aids;Competition
Procedure: Action for annulment - unfounded;Action for annulment - decision unnecessary
Origin: Belgium;Sweden

Judgment of the General Court (Second Chamber, Extended Composition) of 20 September 2023 – Atlas Copco Airpower and Others v Commission (Cases T‑278/16 and T‑370/16) (1) (State aid – Aid scheme put into effect by Belgium – Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering recovery of the aid granted – Tax ruling – Taxable profit – Excess profit exemption – Advantage – Selectivity – Recovery) 1. Aid granted by a Member State – Concept – Tax measures – Tax ruling – Reference framework for determining the existence of an advantage and of its selective nature – Taking only national law into account – Administrative practice that is contrary to the applicable legislation not included in the reference framework – Whether permissible (Art. 107(1) TFEU) (see paragraphs 24-80) 2. Aid granted by a Member State – Concept – Tax measures – Joint examination of the conditions of selectivity and economic advantage – Whether permissible (Art. 107(1) TFEU) (see paragraphs 82-84, 91-93) 3. Aid granted by a Member State – Concept – Grant of an advantage to the beneficiaries – Measure conferring a tax advantage – Tax ruling – Tax exemption resulting from an administrative practice that is contrary to the applicable legislation – Tax exemption leading to a lower tax burden than would arise under the normal rules of taxation – Included (Art. 107(1) TFEU) (see paragraphs 94-103) 4. Aid granted by a Member State – Concept – Selective nature of the measure – Derogation from the general tax system – Differentiation between undertakings in a comparable factual and legal situation – Criteria for assessment – Comparison in the light of the objective pursued by the common tax regime as a whole (Art. 107(1) TFEU) (see paragraphs 109-157) 5. Aid granted by a Member State – Concept – Selective nature of the measure – Derogation from the general tax system – Justification derived from the nature and general scheme of the system – Tax exemption not addressing situations of double taxation in a necessary and proportionate manner – No justification (Art. 107(1) TFEU) (see paragraphs 162-169) 6. Acts of the institutions – Statement of reasons – Obligation – Scope – Commission decision on State aid – Decision finding aid incompatible with the internal market and ordering its recovery – Decision including information enabling the addressee of the decision to determine the amount to be recovered and the beneficiaries who are required to repay the aid – Sufficient statement of reasons (Arts 108 and 296 TFEU; Council Regulation 2015/1589, Art. 16) (see paragraphs 180-182) 7. Aid granted by a Member State – Recovery of unlawful aid – Aid granted in the form of a tax exemption – Reductions in the tax burden of national entities forming part of multinational groups – Identification of the national entities and the multinational groups as beneficiaries of the aid – No manifest error of assessment – Recovery ordered from the multinational groups concerned – No breach of the principles of legal certainty and legality (Arts 107(1) and 108(2) TFEU; Council Regulation 2015/1589, Art. 16) (see paragraphs 186-200) 8. Aid granted by a Member State – Administrative procedure – Obligations of the Commission – Diligent and impartial examination – Account taken of the most complete and reliable information possible – Scope of the obligation – Principle of sound administration – Breach – None (Art. 108(2) TFEU) (see paragraphs 206-212) Operative part The Court: 1. Orders that Cases T‑278/16 and T‑370/16 be joined for the purposes of the present judgment; 2. Dismisses the actions; 3. Orders Atlas Copco Airpower and Atlas Copco AB to bear their own costs and to pay those incurred by the European Commission in Case T‑278/16; 4. Orders Anheuser‑Busch Inbev and Ampar to bear their own costs and to pay those incurred by the Commission in Case T‑370/16. 1 OJ C 279, 1.8.2016.