Banco Santander (T-12/15, T-158/15 and T-258/15)

The General Court annulled a Commission decision ordering recovery of a Spanish tax measure that allowed for the amortisation of goodwill in case of an indirect foreign takeover. In a previous decision, upheld by the Courts after various appeals, the Commission found the same measure to be unlawful aid in respect of direct acquisitions, but it did not order recovery due to legitimate expectations raised. The General Court found that the Commission's statements that led to legitimate expectations were such that tax payers involved in indirect acquisitions were not in a position to recognise that they were not covered, as no distinction was made at the time.