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Case T-20/17: Judgment of the General Court of 27 June 2019 — Hungary v Commission (State aid — Hungarian tax on the turnover from the broadcasting or publication of advertisements — Progressivity of tax rates — Deduction from the basis of assessment of the tax of 50 % of the losses carried forward for companies not generating a profit in 2013 — Decision characterising the measures as aid incompatible with the internal market and ordering its recovery — Concept of State aid — Condition relating to selectivity)
ECLI:EU:UNKNOWN:62017TA0020
62017TA0020
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26.8.2019
Official Journal of the European Union
C 288/45
(Case T-20/17) (<span class="super note-tag">1</span>)
(State aid - Hungarian tax on the turnover from the broadcasting or publication of advertisements - Progressivity of tax rates - Deduction from the basis of assessment of the tax of 50 % of the losses carried forward for companies not generating a profit in 2013 - Decision characterising the measures as aid incompatible with the internal market and ordering its recovery - Concept of State aid - Condition relating to selectivity)
(2019/C 288/57)
Language of the case: Hungarian
Parties
Applicant: Hungary (represented by: M.-Z. Fehér, G. Koós and E.-Zs. Tóth, Agents)
Defendant: European Commission (represented by: V. Bottka and P.-J. Loewenthal, Agents)
Intervener in support of the applicant: Republic of Poland (represented by: B. Majczyna, M. Rzotkiewicz and A. Kramarczyk-Szaładzińska, Agents)
Re:
Application pursuant to Article 263 TFEU seeking annulment of Commission Decision (EU) 2017/329 of 4 November 2016 on the measure SA.39235 (2015/C) (ex 2015/NN) implemented by Hungary on the taxation of advertisement turnover (OJ 2017 L 49, p. 36).
Operative part of the judgment
The Court:
1.Annuls Commission Decision (EU) 2017/329 of 4 November 2016 on the measure SA.39235 (2015/C) (ex 2015/NN) implemented by Hungary on the taxation of advertisement turnover;
2.Orders the European Commission to bear its own costs and to pay those incurred by Hungary, including those relating to the proceedings for interim measures;
3.Orders the Republic of Poland to bear its own costs.
(<span class="note"> <a id="ntr1-C_2019288EN.01004501-E0001" href="#ntc1-C_2019288EN.01004501-E0001">*1</a> </span>) OJ C 78, 13.3.2017.