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Case C-522/13: Judgment of the Court (Seventh Chamber) of 9 October 2014 (request for a preliminary ruling from the Juzgado Contencioso-Administrativo No 1 de Ferrol — Spain) — Ministerio de Defensa, Navantia SA v Concello de Ferrol (Request for a preliminary ruling — Competition — State aid — Article 107(1) TFEU — Concept of ‘State aid’ — Property tax on immovable property — Tax exemption)
ECLI:EU:UNKNOWN:62013CA0522
62013CA0522
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8.12.2014
Official Journal of the European Union
C 439/12
(Case C-522/13) (<span class="super">1</span>)
((Request for a preliminary ruling - Competition - State aid - Article 107(1) TFEU - Concept of ‘State aid’ - Property tax on immovable property - Tax exemption))
(2014/C 439/16)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicants: Ministerio de Defensa, Navantia SA
Defendant: Concello de Ferrol
Operative part of the judgment
On a proper construction of Article 107(1) TFEU, the exemption from property tax of a plot of land belonging to the State and made available to an undertaking whose capital is wholly State-owned and which produces, from that plot of land, goods and services that may be traded between Member States on markets open to competition may constitute State aid prohibited by that provision. It is for the referring court, however, to determine whether, in the light of all the relevant evidence in the dispute before it, assessed by reference to the interpretative guidance provided by the Court of Justice of the European Union, that tax exemption falls to be categorised as State aid within the meaning of that provision.
(<span class="note">1</span>) OJ C 367, 14.12.2013.
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