In October 2015, the European Commission found that a tax ruling
granted by Luxembourg to Fiat Chrysler Finance Europe
("FFT") in 2012
("Ruling"), validating certain transfer
pricing methodologies to assess the annual taxable profit of FFT,
constituted State aid and ordered Luxembourg to recover from FFT
the unlawful and incompatible aid. In 2019, the General Court of
the European Union ("General Court")
dismissed the actions brought by FFT and the Grand Duchy of
Luxembourg and confirmed the validity of the Commission's
decision.
On 8 November 2022, the Court of Justice of the EU
("CJEU") set aside the judgment of the
General Court and annulled the Commission's decision in the
Fiat Case (Joined Cases C‑885/19 P and
C‑898/19 P, available
here).
