Commission Decision of 8 July 2009 on the groepsrentebox scheme which the Netherlands is planning to implement (C 4/07 (ex N 465/06)) (notified under document C(2009) 4511) (1)

L 288/26 Official Journal of the European Union 4.11.2009

COMMISSION COMMISSION DECISION

of 8 July 2009

on the groepsrentebox scheme which the Netherlands is planning to implement (C 4/07 (ex N 465/06))

(notified under document C(2009) 4511)

(Only the Dutch text is authentic)

(Text with EEA relevance)

(2009/809/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES, the procedure laid down in Article 88(2) of the EC Treaty in respect of the part of the aid scheme related to lower taxation and deductibility of intra-group interest (measure A).

(3) In the same letter, the Commission also informed the Netherlands that it considered that the lower taxation on short-term deposits aimed at acquiring at least 5 % of a company (measure B) did not constitute State aid within the meaning of Article 87(1) of the EC Treaty.

(4) The Commission's decision to initiate the procedure was published in the Official Journal of the European Union

( 2 ).

The Commission called on interested parties to submit their comments.

(5) The Dutch authorities provided their comments on the opening decision by letter dated 7 May 2007.

(6) The Commission received comments from interested parties. It forwarded them to the Dutch authorities, who were given the opportunity to react; their comments were received by letter dated 29 June 2007.

(7) Additional information was received from the Dutch authorities by letters dated 8 November 2007 and

29 January 2008.

Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof,

Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,

Having called on interested parties to submit their comments pursuant to those provisions

( 1

) and having regard to their comments,

Whereas:

I. PROCEDURE

(1) By letter dated 13 July 2006, the Dutch authorities notified the groepsrentebox 'group interest box' scheme, which provides for lower taxation and deductability of interest received or paid in the context of intra-group relations. The notification was made by the Dutch authorities only for the sake of legal certainty since they consider the scheme to be a general measure. Further information was provided by letters dated

5 September 2006 and 9 November 2006.

(2) By letter dated 7 February 2007, the Commission informed the Netherlands that it had decided to initiate

( 1 ) OJ C 66, 22.3.2007, p. 30.

( 2 ) See footnote 1.

4.11.2009 Official Journal of the European Union L 288/27

EN

(8) On 7 October 2008, the Dutch authorities provided a legal opinion from Ms Leigh Hancher, professor of European Law at the University of Tilburg, on the question whether the notified measure involved State aid.

(9) By letter dated 18 December 2008, the Dutch authorities informed the Commission that they had decided to amend the tax scheme.

II. DETAILED DESCRIPTION OF THE MEASURE

II.1. Purpose

(10) According to the Dutch authorities, the measure aims at reducing the difference in tax treatment between two instruments of intra-group financing, i.e. equity and debt.

(11) In the current situation, when a company which is part of a group injects capital into another company which is ...

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