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EU competition update: General Court judgment on Spanish ship tax‑leasing State aid; Crown/Silgan metal cans cartel appeals heard; Worxinvest/GIMV merger notified—20 March 2024

Published on: 20 March 2024

Published by a LexisNexis Competition expert

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State aid General Court issues further judgment regarding Spanish aid for the acquisition of ships

The General Court has delivered its ruling in Case T‑519/12, Grupo Moera and Vallejo and DSA v Commission, an application seeking annulment of the Commission’s decision of 17 July 2013. That decision determined that a Spanish arrangement for purchasing ships — the SLTS — which linked leasing with financing via tax relief, involved unlawful State aid (SA.21233) (the Commission’s 2013 decision). Under that arrangement, a shipowner could have a new vessel constructed with a rebate applied to the price demanded by the shipyard. To secure the reduced price (after the rebate was deducted), however, the shipping company had to undertake not to acquire the vessel directly from the shipyard but to buy it from an economic interest grouping (EIG) established under Spanish law and assembled by a bank. The Commission’s 2013 decision has already been examined in earlier cases. Those cases concerned the Commission’s 2013 decision in relation to the scheme...

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