The European Commission (EC) has concluded that the Spanish scheme for the purchase of ships involving leasing and financing through tax relief is partly incompatible with EU rules on state aid. The beneficiaries must now repay the aid to the Spanish state.
The scheme, which was set up in 2002, conferred a selective advantage over competitors from other countries. The EC was not notified of the scheme for the purpose of prior authorisation as required.
In accordance with the principle of legal certainty, the Commission will not require the repayment of aid granted between the start of the scheme in 2002 and April 2007, when the EC publicly declared a similar French scheme incompatible.
New Non-Selective Tax Scheme
Commission Vice-President Joaquín Almunia, responsible for competition, said: 'Economic interest groupings and their investors have benefited unlawfully from tax advantages which they must now repay to the Spanish state. As regards the future, there is a non-selective tax scheme which was approved by the Commission in November 2012 and which can be used, among other things, to finance the shipbuilding industry.'
Complaints from Other Member States
In response to a series of complaints lodged mainly by shipbuilding operators in other member states, in June 2011 the Commission launched an in-depth investigation into the Spanish tax scheme leading to the recent verdict that the aid was indeed unlawful and has to be repaid.
