22 February 2016 CJEU's General Court finds that German insolvency restructuring privilege qualifies as unlawful state aid The General Court, in the first instance in state aid proceedings at the Court of Justice of the European Union (CJEU), rendered its decisions in two German state aid cases (T-620/11 GFKL and T-287/11 Heitkamp) on February 4. Both cases applied for annulment of the decision of the European Commission of January 26, 2011, considering the German tax provision enabling the carry forward of tax losses for the restructuring of companies in difficulty (Sanierungsklausel) as state aid. The Court rejected the appeals of the taxpayers and confirmed the view of the Commission. Document ID: 2016-0356 |
