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State Aid Investigations

Dáil Éireann Debate, Thursday - 29 September 2016

Thursday, 29 September 2016

Ceisteanna (51)

Joan Burton

Ceist:

51. Deputy Joan Burton asked the Minister for Finance the discussions he had with the European Commission and Heads of Government with reference to the ruling concerning a company (details supplied). [27228/16]

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Freagraí scríofa

On 30 August 2016, it was announced that the Commission had concluded their single investigation in Ireland and had issued a negative decision in the Apple State Aid case. 

The investigation was a priority matter for the State.  Over the course of the three year investigation, detailed and comprehensive responses were provided to the Commission demonstrating that the appropriate amount of Irish tax was charged in accordance with the relevant legislation, that no selective advantage was given and that there was no State Aid.  This engagement included meetings both at political and official level, including a meeting between myself and Commissioner Vestager in July 2016.

The Government remains of the view that there was no breach of State Aid rules in this case and that the legislative provisions were correctly applied.  By appealing the Decision the Government is taking the necessary course of action to vigorously defend the Irish position. 

Member States have legal standing to intervene in all cases that go before the European courts and do so from time-to-time if it is considered that the case raises points of relevance for their country.

It is the view of the Government that our appeal is necessary to defend the integrity of our tax system; to provide tax certainty to business; and to challenge the encroachment of EU state aid rules into the sovereign Member State competence of taxation. 

At the informal ECOFIN meeting in Bratislava earlier this month, I updated fellow Finance Ministers on the case from an Irish perspective.

If other Member States found that the issues we are raising are of relevance for their tax system, I would welcome their support for the Irish appeal. 

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