Fiscal Autonomy and State Aid - To what extent can the argument of fiscal autonomy prevent the characterisation of a selective advantage?
The European Commission’s (EC) interpretation of tax rulings misapplying national tax law and favouring certain multinational companies and integrated corporate groups as a selective advantage for State aid purposes poses a challenge to Member States’s fiscal autonomy. This tension between fiscal autonomy and State aid control is at the core of recent jurisprudence analysed by the Court of Justice