16/12/21

IRELAND: EU court advisor's opinion boosts tax appeal case.

As published on irishexaminer.com, Thursday 16 December, 2021.

An EU order to Italian carmaker Fiat Chrysler to pay €30m in back taxes to Luxembourg six years ago should be dismissed, an adviser to Europe's top court said.

Priit Pikamae, advocate general at the EU Court of Justice, said Ireland's appeal against the EU tax order should be upheld while Fiat's appeal should be dismissed.

Ireland is a third-party in the case but appealed the court decision as it views the matter as relevant to its own ongoing legal battle in relation to the taxation of tech giant Apple.

The EU Commission had ordered Ireland to claim back €14.3bn from Apple which both Apple and Ireland rejects. However, the General Court of the EU annulled the decision ruling that Apple did not need to pay back the money rejecting claims that Ireland granted Apple illegal State aid through selective tax breaks.

That decision has been appealed by the EU Commission to the European Court of Justice.