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Case T-266/16, T-324/16, T-351/16, T-363/16, T-371/16 and T-388/16: Judgment of the General Court of 20 September 2023 — Capsugel Belgium and Others v Commission (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)
ECLI:EU:UNKNOWN:62016TA0266
62016TA0266
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Official Journal of the European Union
Series C
C/2023/648
13.11.2023
(Case T-266/16, T-324/16, T-351/16, T-363/16, T-371/16 and T-388/16) (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)
(C/2023/648)
Language of the case: English
Parties
Applicant in Case T-266/16: Capsugel Belgium (Bornem, Belgium)
Applicant in Case T-324/16: VF Europe BVBA (Bornem)
Applicant in Case T-351/16: Belgacom International Carrier Services (Brussels, Belgium)
Applicant in Case T-363/16: Zoetis Belgium (Ottignies-Louvain-la-Neuve, Belgium)
Applicant in Case T-371/16: Ineos Aromatics Ltd, formerly BP Aromatics Ltd (Geel, Belgium)
Applicant in Case T-388/16: Eval Europe NV (Zwijndrecht, Belgium)
(represented by: C. Borgers, B. Buytaert and H. Vanhulle, lawyers)
Defendant: European Commission (represented by: P.-J. Loewenthal, B. Stromsky and F. Tomat, acting as Agents)
Re:
By their actions under Article 263 TFEU, the applicants seek the annulment of Commission Decision (EU) 2016/1699 of 11 January 2016 on the excess profit exemption State aid scheme SA.37667 (2015/C) (ex 2015/NN) implemented by Belgium (OJ 2016 L 260, p. 61).
Operative part of the judgment
The Court:
1.Orders that Cases T-266/16, T-324/16, T-351/16, T-363/16, T-371/16 and T-388/16 be joined for the purposes of the present judgment;
2.Dismisses the actions;
3.Orders Capsugel Belgium to bear its own costs and to pay those incurred by the European Commission in Case T-266/16;
4.Orders VF Europe BVBA to bear its own costs and to pay those incurred by the Commission in Case T-324/16;
5.Orders Belgacom International Carrier Services to bear its own costs and to pay those incurred by the Commission in Case T-351/16;
6.Orders Zoetis Belgium to bear its own costs and to pay those incurred by the Commission in Case T-363/16;
7.Orders Ineos Aromatics Ltd to bear its own costs and to pay those incurred by the Commission in Case T-371/16;
8.Orders Eval Europe NV to bear its own costs and to pay those incurred by the Commission in Case T-388/16.
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(1)
OJ C 279, 1.8.2016.
ELI: http://data.europa.eu/eli/C/2023/648/oj
ISSN 1977-091X (electronic edition)
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