CELEX: 62011TA0399(01)
Language: en
Date: 2018-11-15 00:00:00
Title: Case T-399/11 RENV: Judgment of the General Court of 15 November 2018 — Banco Santander and Santusa v Commission (State aid — Provisions concerning corporate tax allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in undertakings which are tax resident abroad — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Concept of State aid — Selectivity — Reference system — Derogation — Difference in treatment — Justification of the difference in treatment — Undertakings benefiting from the measure — Legitimate expectations)

21.1.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 25/35
            
         
      Judgment of the General Court of 15 November 2018 — Banco Santander and Santusa v Commission
      (Case T-399/11 RENV) (1)
      
      ((State aid - Provisions concerning corporate tax allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in undertakings which are tax resident abroad - Decision declaring the aid to be incompatible with the internal market and ordering its recovery - Concept of State aid - Selectivity - Reference system - Derogation - Difference in treatment - Justification of the difference in treatment - Undertakings benefiting from the measure - Legitimate expectations))
      (2019/C 25/44)
      Language of the case: Spanish
      
         Parties
      
      
         Applicants: Banco Santander, SA (Santander, Spain) and Santusa Holding, SL (Boadilla del Monte, Spain) (represented by: J. Buendía Sierra, E. Abad Valdenebro, R. Calvo Salinero and A. Lamadrid de Pablo, lawyers)
      
         Defendant: European Commission (represented by: R. Lyal, B. Stromsky, C. Urraca Caviedes and P. Němečková, acting as Agents)
      
         Interveners in support of the applicants: Federal Republic of Germany (represented by: T. Henze, acting as Agent), Ireland (represented by: initially, G. Hodge and E. Creedon, and, subsequently, G. Hodge and M. Browne, acting as Agents) and Kingdom of Spain (represented by: M. Sampol Pucurull, acting as Agent)
      
         Re:
      
      Application based on Article 263 TFEU and seeking annulment of Article 1(1) and Article 4 of Commission Decision 2011/282/EU of 12 January 2011 on the tax amortisation of financial goodwill for foreign shareholding acquisitions No C 45/07 (ex NN 51/07, ex CP 9/07) implemented by Spain (OJ 2011 L 135, p. 1).
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Dismisses the action;
               
            
                  2.
               
               
                  Orders Banco Santander, SA and Santusa Holding, SL to bear their own costs and to pay those incurred by the European Commission;
               
            
                  3.
               
               
                  Orders the Federal Republic of Germany, Ireland and the Kingdom of Spain to bear their own respective costs.
               
            
         (1)  OJ C 282, 24.9.2011.