Information;Judgment — ECLI:EU:T:2023:585
Date: 2023-09-27
Language of the case: Spanish
Court formation: Eighth Chamber
Subject matter: State aids;Competition
Procedure: Action for annulment - successful
Origin: Spain

Judgment of the General Court (Eighth Chamber) of 27 September 2023 – Sociedad General de Aguas de Barcelona v Commission (Case T‑253/15) (1) (State aid – Aid scheme implemented by Spain – Deduction of corporation tax allowing companies which are tax resident in Spain to amortise goodwill resulting from the indirect acquisition of shareholdings in non-resident companies through the direct acquisition of shareholdings in non-resident holding companies – Decision declaring the aid scheme unlawful and incompatible with the internal market and ordering the recovery of the aid paid out – Decision 2011/5/EC – Decision 2011/282/EU – Scope – Withdrawal of an act – Legal certainty – Legitimate expectations) 1. Aid granted by a Member State – Decision of the Commission finding aid incompatible with the internal market and ordering its recovery – Aid scheme consisting of tax amortisation of financial goodwill for acquisitions of shareholdings in foreign companies – Scope of the decision of the Commission – National administrative practice limiting the tax amortisation scheme to cases of direct acquisitions of shareholdings – Decision of the Commission covering both direct and indirect acquisitions of shareholdings – New administrative practice adopted by the national authorities – Irrelevant (Art. 107(1) TFEU) (see paragraphs 57-84) 2. Aid granted by a Member State – Decision of the Commission finding aid incompatible with the internal market and ordering its recovery – Aid scheme consisting of tax amortisation of financial goodwill for acquisitions of shareholdings in foreign companies – Decision of the Commission covering both direct and indirect acquisitions of shareholdings – Decision finding the existence of a legitimate expectation entertained by the beneficiaries in relation to certain direct and indirect acquisitions of shareholdings – Adoption of a new decision concerning only indirect acquisitions of shareholdings – New decision stating that no legitimate expectation exists – Whether permissible in the event of transmission of inaccurate and decisive information by the national authorities – Requirement not met (Art. 107(1) TFEU; Council Regulation No 659/1999, Arts 9 and 13(3)) (see paragraphs 85-91) 3. Aid granted by a Member State – Decision of the Commission finding aid incompatible with the internal market and ordering its recovery – Aid scheme consisting of tax amortisation of financial goodwill for acquisitions of shareholdings in foreign companies – Decision of the Commission covering both direct and indirect acquisitions of shareholdings – Decision finding the existence of a legitimate expectation entertained by the beneficiaries in relation to certain direct and indirect acquisitions of shareholdings – Adoption of a new decision concerning only indirect acquisitions of shareholdings – New decision stating that no legitimate expectation exists – Breach of the principle of legal certainty – Breach of principle of the protection of legitimate expectation (Art. 107(1) TFEU) (see paragraphs 92-98) 4. Aid granted by a Member State – Recovery of unlawful aid – Aid granted in breach of the procedural rules of Article 108 TFEU – Legitimate expectations entertained by the recipients – None save in exceptional circumstances – Legitimate expectations arising from specific, unconditional and consistent assurances provided by the Commission – National administrative practice implementing the aid scheme contrary to the Commission’s declarations – Beneficiaries’ awareness of that practice – Irrelevant (Arts 107(1) and 108(3) TFEU) (see paragraphs 104-128) Operative part The Court: 1. Annuls Commission Decision (EU) 2015/314 of 15 October 2014 on the State aid SA.35550 (13/C) (ex 13/NN) (ex 12/CP) implemented by Spain – Scheme for the tax amortisation of financial goodwill for foreign shareholding acquisitions; 2. Orders the European Commission to bear the costs. 1 OJ C 245, 27.7.2015.