Irish Wind Farmers’ Association and Others v Commission (State Aid – Member State Legislation On Business Property Taxation – Methods for Valuation of Property – Judgment): ECJ 17 Nov 2022

Appeal – State aid – Article 107(1) TFEU – Article 108(2) and (3) TFEU – Regulation (EU) 2015/1589 – Article 4 – Member State legislation on business property taxation – Methods for valuation of property used to calculate the basis of assessment of the rate payable – Complaint from wind farm operators – Allegation of an under-assessment of the basis of assessment for the business rate payable by fossil fuel electricity producers and, consequently, of a level of business rate of those electricity generators lower than that of other electricity producers due to the choice of valuation method used – Preliminary examination procedure – Decision finding that there is no State aid – No economic and selective advantage – Failure to initiate the formal investigation procedure – Concept of ‘serious difficulties’ – Extent of the European Commission’s investigative duty – Principle of sound administration – Obligation to conduct the investigation procedure diligently and impartially – Scope of review by the General Court of the European Union

Citations:

C-578/21, [2022] EUECJ C-578/21P, ECLI:EU:C:2022:898

Links:

Bailii

Jurisdiction:

European

Rating

Updated: 12 December 2022; Ref: scu.683338