Author (Person) | Weerth, Jan de |
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Series Title | Intertax |
Series Details | Vol.40, No.6/7, June / July 2012, p414-420 |
Publication Date | June 2012 |
ISSN | 0165-2826 |
Content Type | Journal | Series | Blog |
Pasquale Pistone stressed very recently in this journal `the growing importance of the prohibition of state aids in tax matters´ (Intertax 2012, p. 84). This is a fair point. The following article illustrates and expands upon this by focusing on critical issues arising from the German 'reorganization clause' by way of example. For a business, it is important to understand when it might be in a position to bring an action before the General Court. Furthermore, the question arises what makes a tax clause, such as the German reorganization clause, selective in nature. At a glance, a tax rule seems to have a general character which is not likely to constitute a form of aid. Moreover, given that as things stand there remains considerable uncertainty surrounding the question when a tax measure constitutes unlawful State Aid, where a Commission decision breaks new ground. In that respect, the question arises whether a decision of the Commission which finds a tax rule to be State Aid may have retroactive effect or whether this retroactive effect would violate the protection of the legitimate expectations of the taxpayers. |
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Source Link | Link to Main Source http://www.kluwerlawonline.com/index.php?area=Journals |
Subject Categories | Internal Markets, Taxation |
Countries / Regions | Europe |