On 8 November 2022, the European Court of Justice (ECJ) adopted its final judgment in the Fiat State aid case. The ECJ set aside the General Court judgment, which confirmed the Commission’s decision and annulled the Commission’s decision, resulting in a significant loss for the Commission.

In its judgment, the ECJ, applying principled reasoning, fundamentally rejected the Commission’s approach of reviewing Fiat’s tax ruling against a self-defined standard which would flow from the arm’s length principle, rather than against national tax law.

We consider this case in detail in our new briefing.