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On 24 September 2019, the General Court of the European Union (GC) rendered its judgment (T-755/15 and T-759/15) regarding the action brought by Fiat Chrysler Finance Europe, formerly Fiat Finance and Trade Ltd (FFT) and Luxembourg for the annulment of the final State aid decision of the European Commission (EC) of 21 October 2015 on Fiat (SA.38375). The GC dismissed the actions and confirmed the validity of the EC’s decision.

It remains to be seen whether an appeal will be brought before the European Court of Justice. Commissioner Margrethe Vestager commented that the judgment gives important guidance on the application of EU State aid rules in the area of taxation and confirms that, while Member States have exclusive competence in determining their laws concerning direct taxation, they must do so in respect of EU law, including State aid rules.

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