Commission Decision (EU) 2015/314 of 15 October 2014 on the State aid SA.35550 (1... (32015D0314)
Commission Decision (EU) 2015/314 of 15 October 2014 on the State aid SA.35550 (13/C) (ex 13/NN) (ex 12/CP) implemented by Spain Scheme for the tax amortisation of financial goodwill for foreign shareholding acquisitions (notified under document C(2014) 7280) Text with EEA relevance
- COMMISSION DECISION (EU) 2015/314
- of 15 October 2014
- on the State aid SA.35550 (13/C) (ex 13/NN) (ex 12/CP) implemented by Spain Scheme for the tax amortisation of financial goodwill for foreign shareholding acquisitions
- (notified under document C(2014) 7280)
- (Only the Spanish text is authentic)
- (Text with EEA relevance)
- 1.
- PROCEDURE
- 2.
- DESCRIPTION OF THE MEASURE
- 2.1.
- Introduction
- (a)
- Article 12(5) TRLIS
- (b)
- The criteria of Article 21 TRLIS
- (c)
- The notion of financial goodwill
- (d)
- The notion of direct and indirect acquisitions
- 2.2.
- Modifications in the wording of Article 12(5) TRLIS
- 2.3.
- The administrative interpretation of Article 12(5) TRLIS
- 2.3.1.
- The initial administrative interpretation
- 2.3.2.
- The new administrative interpretation
- 3.
- REASONS FOR OPENING THE PROCEDURE
- 4.
- POSITION OF THE SPANISH AUTHORITIES AND INTERESTED PARTIES
- A. NEW AID CHARACTER OF THE MEASURE
- 4.1.
- The initial administrative interpretation is not final and is not a relevant and systematic administrative practice
- 4.2.
- The new administrative interpretation does not constitute a substantial modification of the scope of application of Article 12(5) TRLIS
- (a)
- Method of calculation of financial goodwill
- (b)
- Reasons that justify the departure from the previous administrative interpretation
- (c)
- References to indirect acquisitions in the First and Second decisions, parliamentary questions and press release of the Opening Decision of 2007
- (d)
- Principles of equal treatment, non-discrimination and fiscal neutrality
- (e)
- The new administrative interpretation has no retroactive effects
- B. LEGITIMATE EXPECTATIONS, LEGAL CERTAINTY AND PRINCIPLE OF ESTOPPEL
- 5.
- COMMENTS FROM SPAIN ON THIRD-PARTY COMMENTS
- 6.
- ASSESSMENT OF THE MEASURE
- A. NEW AID CHARACTER OF THE MEASURE
- 6.1.
- The initial administrative interpretation is not final and is not a relevant and systematic administrative practice
- 6.2.
- The new administrative interpretation does not constitute a substantial modification of the scope of application of Article 12(5) TRLIS
- 6.2.1.
- Method of calculation of financial goodwill
- 6.2.2.
- Reasons provided by the Spanish authorities and interested third parties that would justify the departure from the previous administrative interpretation
- (a)
- The rationale of Article 12(5) TRLIS: fostering the internationalisation of Spanish companies
- (b)
- References to indirect acquisition in the First and Second Decisions, parliamentary questions and press release of the Opening Decision of 2007
- (c)
- The cross-reference to Article 21 TRLIS
- (d)
- Principle of equal treatment, no discrimination and fiscal neutrality
- (e)
- Retroactivity of the measure
- 6.3.
- Compatibility of the aid
- B. LEGITIMATE EXPECTATIONS, LEGAL CERTAINTY, PRINCIPLE OF ESTOPPEL AND RECOVERY OF THE AID
- 6.4.
- Principles of estoppel and legal certainty
- 6.5.
- Recovery of the aid
- 6.6.
- Legitimate expectations
- 7.
- CONCLUSIONS
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
- Article 6
- Article 7
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