On Thursday 15 November, the EU Court confirmed two European Commission decisions from 2009 and 2011 (see EUROPE 10008, 10292) according to which the Spanish tax regime for the amortisation of ‘financial’ goodwill constitutes State aid incompatible with the internal market (Cases T-207, 219 and 227/10; T-239, 399, 405 and 406/11).
Since 2002, Spanish law has allowed resident companies that hold shares (at least 5% for at least one year) in companies established abroad to deduct goodwill...