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Parliamentary questions
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12 October 2018
E-004407/2018(ASW)
Answer given by Ms Vestager on behalf of the European Commission
Question reference: E-004407/2018

The ultimate goal of the Commission’s actions in this field, both using its legislative tools and its state aid enforcement tool, is to ensure that all companies, big or small, pay their fair share of tax. At the same time, ordering the recovery of illegal state aid is not a penalty imposed by the Commission. Instead, the Commission requires Member States to recover state aid that is incompatible with the internal market in order to restore the competitive situation and remove financial advantages that are not available to competitors.

As regards the cases to which the Honourable Member refers, each of the companies mentioned has filed an action for the annulment of the respective Commission decision before the General Court of the European Union. These proceedings are ongoing.

Since such actions do not suspend the obligation to recover, the Member States concerned were required to implement the decision immediately and recover the aid within a period of four months, as laid down in those decisions. In each of the cases, the Member States concerned have recovered the full amount of the unlawful and incompatible aid granted. The Commission refers to its press release IP/18/5831 published on 19 September 2018 for further details on the amounts recovered(1).

(1)IP/18/5831 ‘State aid: Commission investigation did not find that Luxembourg gave selective tax treatment to McDonald's’: http://europa.eu/rapid/press-release_IP-18-5831_en.htm

Last updated: 12 October 2018Legal notice