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Case T-399/11: Judgment of the General Court of 7 November 2014 — Banco Santander and Santusa v Commission (State aid — Provisions relating to corporate tax enabling undertakings which have their tax domicile in Spain to amortise the goodwill flowing from the acquisition of shareholdings in undertakings which have their tax domicile abroad — Decision classifying that scheme as State aid, declaring that aid incompatible with the internal market and ordering its recovery — Concept of State aid — Selectivity — Lack of identification of a category of undertakings benefitting from the measure — Infringement of Article 107(1) TFEU)
ECLI:EU:UNKNOWN:62011TA0399
62011TA0399
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22.12.2014
Official Journal of the European Union
C 462/20
(Case T-399/11) (<span class="super">1</span>)
((State aid - Provisions relating to corporate tax enabling undertakings which have their tax domicile in Spain to amortise the goodwill flowing from the acquisition of shareholdings in undertakings which have their tax domicile abroad - Decision classifying that scheme as State aid, declaring that aid incompatible with the internal market and ordering its recovery - Concept of State aid - Selectivity - Lack of identification of a category of undertakings benefitting from the measure - Infringement of Article 107(1) TFEU))
(2014/C 462/30)
Language of the case: Spanish
Parties
Applicants: Banco Santander, SA (Santander, Spain); and Santusa Holding, SL (Boadilla del Monte, Spain) (represented initially by J. Buendía Sierra, E. Abad Valdenebro, M. Muñoz de Juan and R. Calvo Salinero, and subsequently by J. Buendía Sierra, E. Abad Valdenebro and R. Calvo Salinero, lawyers)
Defendant: European Commission (represented by R. Lyal, C. Urraca Caviedes and P. Němečková, acting as Agents)
Re:
Application for 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.Annuls 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;
2.Orders the European Commission to bear the costs.
* * *
(<span class="super">1</span>) OJ C 282, 24.9.2011.