14 February 2019

On 14 February 2019 the EU General Court delivered its judgment in what is known as the “Belgian excess profit rulings” case. The European Commission in 2016 had prohibited a number of rulings in which the Belgian tax administration determined the taxable income of Belgian entities that are part of an international group. The Commission ruled that these rulings constituted a “scheme” whereby unlawful State aid was being granted. The Commission ordered the Belgian government to recover the alleged aid from approximately 30 Belgian companies.

Eubelius was retained by several of these companies to appeal the Commission’s decision to the EU General Court. The Court’s judgment annuls the Commission decision.

The Eubelius team was headed by Hans Gilliams, chair of our competition practice.

The General Court’s press release is available via this link.