ITV plc v European Commission
Case C-556/22
19 Sep 2024
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The Court of Justice of the European Union has today annulled the EU Commission’s State Aid decision on the CFC Group Financing Exemption.
The Commission in a decision published in April 2019 found that the exemption, introduced by the Finance Act 2012, amounted to unlawful State aid in favour of UK companies. A large number of FTSE 100 companies challenged the decision, but the General Court upheld the Commission’s findings. Today, the Court of Justice has annulled that decision, finding that the Commission had used the wrong reference framework when analysing the UK’s tax measure. The Commission’s decision has therefore been annulled. Kieron Beal KC acted for a large number of companies successfully challenging the measure, including the test applicant ITV plc.
The judgment may be found here.
Kieron Beal KC represented ITV plc.
