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On 8 November 2022, the Court of Justice of the European Union
(“CJEU”) rendered its judgment
concerning the appeals filed by Fiat Chrysler
Finance Europe (previously Fiat Finance and Trade Ltd, FFT,
C-885/19 P) and Ireland (C-898/19 P).
By their respective appeals, FFT and Ireland requested to have
put aside the judgment of the General Court of the European Union
of 24 September 2019 by which the latter dismissed their actions
for annulment of the ultimate State help resolution of the European
Commission of 21 October 2015 on Fiat (SA.38375).
The State help resolution of the European
Commission involved a tax ruling issued by the Luxembourg
tax authorities on 3 September 2012 which confirmed that the
underlying switch pricing evaluation has been realized in
accordance with the Circular 164/2 of 28 January
2011 and respects the arm’s size
precept. With its resolution, the EU Commission
requested Luxembourg to reclaim an quantity of circa EUR 30m from the
taxpayer.
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