Autoridad Portuaria de Bilbao v Commission (State aid – Port sector – Scheme for exemption from corporation tax implemented by Spain for ports in the province of Biscay – Decision declaring the aid incompatible with the internal market - Judgment) French Text [2022] EUECJ T-126/20 (14 December 2022)

Autoridad Portuaria de Bilbao v Commission (State aid – Port sector – Scheme for exemption from corporation tax implemented by Spain for ports in the province of Biscay – Decision declaring the aid incompatible with the internal market - Judgment) French Text [2022] EUECJ T-126/20 (14 December 2022)

The exemption from corporation tax for the Port of Bilbao constitutes a selective advantage granted through State resources, distorts competition and affects trade between Member States, is not justified by the nature or general scheme of the tax system, and is incompatible with the internal market as it is an...

Source-derived case information.

Citation
[2022] EUECJ T-126/20
Parties
Applicant: Autoridad Portuaria de Bilbao; Respondent: Commission européenne
Jurisdiction
European Union
Procedural Posture
Annulment Action (article 263 Tfeu) / Final Judgment
Outcome
Action dismissed
Legal Topics
State Aid, Port Sector, Corporate Tax Exemption, Compatibility With Internal Market, Selectivity, Distortion of Competition, Burden of Proof
EU Law State Aid Law Tax Law State Aid Port Sector Corporate Tax Exemption Compatibility With Internal Market Selectivity +2 more

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Parties

Autoridad Portuaria de Bilbao

Applicant

Commission européenne

Respondent

Procedural Posture

Annulment Action (article 263 Tfeu) / Final Judgment

  1. 1 Whether the exemption from corporation tax for the Port of Bilbao constitutes State aid under Article 107(1) TFEU
  2. 2 Whether the measure is selective
  3. 3 Whether the measure distorts competition and affects trade between Member States

Ratio Decidendi

The exemption from corporation tax for the Port of Bilbao constitutes a selective advantage granted through State resources, distorts competition and affects trade between Member States, is not justified by the nature or general scheme of the tax system, and is incompatible with the internal market as it is an operating aid not limited in time or scope. The applicant's arguments regarding the principle of self-sufficiency, lack of selectivity, and compatibility with the internal market are rejected.

Court Disposition

Action dismissed

Orders

  • The application for annulment is dismissed.
  • Applicant to bear its own costs and those of the Commission.