On November 27, 2015 the Dutch Ministry of Finance announced that it is going to appeal against the decision of the European Commission in which the Commission decided that Starbucks received illegal State Aid.

In the announcement the Dutch Ministry of Finance states that in order to get clearness and case law on the application of certainty in advance by way of rulings, the Dutch Government will appeal against the European Commission’s decision in the Starbuck case. The Government seems to be of the opinion that the Commission did not convincingly demonstrate that the Dutch tax authorities deviated from the legal regulations and that it did not convincingly demonstrate that State Aid was involved.

Furthermore with respect to the Starbucks case on November 27, 2015 the Dutch Ministry of Finance published the following documents:

• Kabinetsreactie op het besluit van de Europese Commissie inzake Starbucks Manufacturing BV;
• Besluit van de Europese Commissie;
• Antwoorden op Kamervragen over het bericht dat de Europese Commissie de Nederlandse Tax Rulings als illegale staatssteun bestempelt.

Click here to be forwarded to the media release as published by the Dutch Ministry of Finance in this respect (in Dutch only).

A further analysis will follow soon in a separate article.

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