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Cases T-256/15 and T-260/15: Judgment of the General Court of 27 September 2023 — Telefónica and Iberdrola v Commission (State Aid — Aid scheme implemented by Spain — Deduction of corporation tax allowing companies which are tax resident in Spain to amortise goodwill resulting from the indirect acquisition of shareholdings in non-resident companies through the direct acquisition of shareholdings in non-resident holding companies — Decision declaring the aid scheme unlawful and incompatible with the internal market and ordering the recovery of the aid paid out — Decision 2011/5/EC — Decision 2011/282/EU — Scope — Withdrawal of an act — Legal certainty — Legitimate expectations)
ECLI:EU:UNKNOWN:62015TA0256
62015TA0256
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Official Journal of the European Union
Series C
C/2023/971
(Cases T-256/15 and T-260/15) (*)
(State Aid - Aid scheme implemented by Spain - Deduction of corporation tax allowing companies which are tax resident in Spain to amortise goodwill resulting from the indirect acquisition of shareholdings in non-resident companies through the direct acquisition of shareholdings in non-resident holding companies - Decision declaring the aid scheme unlawful and incompatible with the internal market and ordering the recovery of the aid paid out - Decision 2011/5/EC - Decision 2011/282/EU - Scope - Withdrawal of an act - Legal certainty - Legitimate expectations)
(C/2023/971)
Language of the case: Spanish
Parties
Applicant in Case T-256/15: Telefónica, SA (Madrid, Spain) (represented by: J. Ruiz Calzado and J. Domínguez Pérez, lawyers)
Applicant in Case T-260/15: Iberdrola, SA (Bilbao, Spain) (represented by: J. Ruiz Calzado, J. Domínguez Pérez and S. Centeno Huerta, lawyers)
Defendant: European Commission (represented by: B. Stromsky and P. Němečková, acting as Agents, and by M. Segura Catalán, lawyer)
Re:
By their actions under Article 263 TFEU, the applicants seek the annulment of Commission Decision (EU) 2015/314 of 15 October 2014 on the State aid SA.35550 (13/C) (ex 13/NN) (ex 12/CP) implemented by Spain — Scheme for the tax amortisation of financial goodwill for foreign shareholding acquisitions (OJ 2015 L 56, p. 38).
Operative part of the judgment
The Court:
1.Joins Cases T-256/15 and T-260/15 for the purposes of the judgment;
2.Annuls Commission Decision (EU) 2015/314 of 15 October 2014 on the State aid SA.35550 (13/C) (ex 13/NN) (ex 12/CP) implemented by Spain — Scheme for the tax amortisation of financial goodwill for foreign shareholding acquisitions;
3.Orders the European Commission to pay the costs, including those relating to the proceedings for interim relief in Case T-260/15 R.
(*) Language of the case: Spanish.
ELI: http://data.europa.eu/eli/C/2023/971/oj
ISSN 1977-091X (electronic edition)