Squire Patton Boggs has obtained a victory for alcoholic spirits company Frucona Kosice in the EU General Court in a case in which the European Commision had previously found a tax debt write-off to be incompatible with EU state-aid rules.
According to Squire Patton Boggs, the case dates back to a October 2004 tax settlement between Frucona Kosice and the local tax office. A complaint was lodged with the Commission alleging that the alcoholic spirits company had received unlawful state aid. The Commission’s original decision was appealed by the Squire Patton Boggs team up to the Court of Justice, which ruled in Frucona’s favor and sent the decision back to the General Court for a further assessment. Before the results of this review were reached, the Commission adopted a new decision that sought to correct the errors identified by the European Court of Justice. The Squire Patton Boggs team not only appealed the new decision, but also sought injunctions preventing the Commission from enforcing it before the local courts. The Court has now ruled that the new decision should be annulled.
The Squire Patton Boggs team representing Frucona Kosice on the matter was led by Brussels-based Partners Brian Hartnett, Global Co-Chair of the Competition & Antitrust Practice, and Oliver Geiss, supported by Senior Associate Anthony Bochon and Associate Will Sparks.
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