Court of Justice 11 April 2024, C-555/22 P, C-556/22 P and C-564/22 P (United Kingdom of Great Britain and Northern Ireland and Others v European Commission.)

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Advocate General Medina recommends setting aside the General Court's judgment and annulling Commission Decision (EU) 2019/1352, arguing that the Commission erred by defining the United Kingdom's Controlled Foreign Company (CFC) rules as a standalone reference framework rather than an integral part of the general corporation tax system. The Opinion maintains that the group financing exemptions in Chapter 9 of Part 9A of the TIOPA do not constitute a selective advantage but are instead complementary mechanisms within a risk-based, largely territorial tax regime designed to address base erosion and profit shifting. Consequently, the Advocate General concludes that the Commission failed to demonstrate that the Member State's interpretation of its national law was manifestly incompatible with the wording and objectives of the relevant provisions.AI