CELEX: 62017TA0816
Language: en
Date: 2021-05-12 00:00:00
Title: Cases T-816/17 and T-318/18: Judgment of the General Court of 12 May 2021 — Luxembourg and Amazon v Commission (State aid — Aid implemented by Luxembourg in favour of Amazon — Decision declaring the aid incompatible with the internal market and unlawful and ordering its recovery — Tax ruling — Transfer pricing — Selective tax advantage — Transfer pricing arrangement — Functional analysis)

5.7.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 263/13
            
         
      Judgment of the General Court of 12 May 2021 — Luxembourg and Amazon v Commission
      (Cases T-816/17 and T-318/18) (1)
      
      (State aid - Aid implemented by Luxembourg in favour of Amazon - Decision declaring the aid incompatible with the internal market and unlawful and ordering its recovery - Tax ruling - Transfer pricing - Selective tax advantage - Transfer pricing arrangement - Functional analysis)
      (2021/C 263/18)
      Language of the case: English and French
      
         Parties
      
      
         Applicant in Case T-816/17: Grand Duchy of Luxembourg (represented by: T. Uri, acting as Agent, and by D. Waelbroeck, A. Steichen and J. Bracker, lawyers)
      
         Applicants in Case T-318/18: Amazon EU Sàrl (Luxembourg, Luxembourg), Amazon.com, Inc. (Seattle, Washington, United States) (represented by: D. Paemen, M. Petite and A. Tombiński, lawyers)
      
         Defendant: European Commission (represented, in Case T-816/17, by P. Stancanelli, P.-J. Loewenthal and F. Tomat, acting as Agents, and by M. Chammas, lawyer, and, in Case T-318/18, by P.-J. Loewenthal and F. Tomat, acting as Agents)
      
         Intervener in support of the applicant in Case T-816/17: Ireland (represented by: J. Quaney and A. Joyce, acting as Agents, and by P. Gallagher, Senior Counsel, B. Doherty, Barrister, and S. Kingston, Senior Counsel)
      
         Re:
      
      Actions pursuant to Article 263 TFEU for the annulment of Commission Decision (EU) 2018/859 of 4 October 2017 on State aid SA.38944 (2014/C) (ex 2014/NN) implemented by Luxembourg in favour of Amazon (OJ 2018 L 153, p. 1).
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Joins Cases T-816/17 and T-318/18 for the purposes of the present judgment;
               
            
                  2.
               
               
                  Annuls Commission Decision (EU) 2018/859 of 4 October 2017 on State aid SA.38944 (2014/C) (ex 2014/NN) implemented by Luxembourg in favour of Amazon;
               
            
                  3.
               
               
                  Orders the European Commission to bear its own costs and to pay those incurred by the Grand Duchy of Luxembourg, Amazon.com, Inc. and Amazon EU Sàrl;
               
            
                  4.
               
               
                  Orders Ireland to bear its own costs.
               
            
         (1)  OJ C 72, 26.2.2018.