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Case C-562/19 P: Judgment of the Court (Grand Chamber) of 16 March 2021 — European Commission v Republic of Poland, Hungary (Appeal — Article 107(1) TFEU — State aid — Polish tax on the retail sector — Article 108(2) TFEU — Decision to initiate the formal investigation procedure — Information used to determine the reference system — Progressivity of rates — Existence of a selective advantage — Burden of proof)

ECLI:EU:UNKNOWN:62019CA0562

62019CA0562

March 16, 2021
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Official Journal of the European Union

C 182/9

(Case C-562/19 P) (<span class="oj-super oj-note-tag">1</span>)

(Appeal - Article 107(1) TFEU - State aid - Polish tax on the retail sector - Article 108(2) TFEU - Decision to initiate the formal investigation procedure - Information used to determine the reference system - Progressivity of rates - Existence of a selective advantage - Burden of proof)

(2021/C 182/11)

Language of the case: Polish

Parties

Appellant: European Commission (represented by: K. Herrmann, P.-J. Loewenthal and V. Bottka, acting as Agents)

Other parties to the proceedings: Republic of Poland (represented by: B. Majczyna, M. Rzotkiewicz and M. Szydło, acting as Agents), Hungary (represented by: M.Z. Fehér and G. Koós, acting as Agents)

Operative part of the judgment

The Court:

1.Dismisses the appeal;

2.Orders the European Commission to pay the costs;

3.Orders Hungary to bear its own costs.

(<span class="oj-super">1</span>) OJ C 328, 30.9.2019.

* * *

Language of the case: Polish

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