The European Commission decided to take the UK and Gibraltar to the CJEU for the failure to implement a recovery order concerning state aid resulting from the Gibraltar Income Tax Act of 2010 for two companies. In one case, an appeal against the recovery order was already pending at the General Court (but no interim measure to suspend the decision had been granted). In the other case, the domestic court made reference for a preliminary ruling to the CJEU to determine whether foreign taxes already levied could be credited against recoverable amounts, as would allegedly follow from the normal Gibraltar tax code. In March 2020, the Commission denied the latter as the creditable taxes concerned taxes levied abroad based on CFC legislation.
|Date of judgement||19/03/21|