Recupero di aiuti di Stato attuati mediante misure fiscali e rilevanza delle imposte assolte all'estero

[Autom. eng. transl.] The ruling was issued following a preliminary ruling. The main proceedings concern the recovery of the tax exemption on interest and royalties provided for by Gibraltar law and declared incompatible state aid by the EU Commission. In particular, the Court of Justice rules on the possibility of deducting, from the amount subject to recovery, the tax paid, in the source State, on dividends and interest produced abroad. According to the European Judges, this deduction is legitimate since the beneficiaries cannot be prevented from making use, during recovery, of deductions and deductions provided for by national legislation, provided that they were actually entitled to them in the tax period in which the income should have been taxed. Furthermore, the tax credit does not, in turn, constitute state aid, because it is a general rule included in the reference system and does not present selectivity profiles.