Asunto T-816/17: Recurso interpuesto el 14 de diciembre de 2017 — Luxemburgo/Comisión
Sección: | información judicial |
Emisor: | Comisión de las Comunidades Europeas |
26.2.2018 ES Diario Oficial de la Unión Europea C 72/38
Lengua de procedimiento: francés
Demandante: Gran Ducado de Luxemburgo (representantes: D. Holderer, agente, D. Waelbroeck y A. Steichen, abogados)
Demandada: Comisión Europea
La parte demandante solicita al Tribunal General que:
— Declare la admisibilidad y fundamentación del presente recurso.
— Con carácter principal, anule la Decisión de la Comisión de 4 de octubre de 2017 relativa a la ayuda de Estado SA.38944 ejecutada por Luxemburgo en favor de Amazon.
— Con carácter subsidiario, anule la decisión de la Comisión de 4 de octubre de 2017 relativa a la ayuda de Estado SA.38944 ejecutada por Luxemburgo en favor de Amazon en la medida en que ordena la recuperación de la ayuda.
— Condene en costas a la Comisión.
En apoyo de su recurso, la parte demandante invoca cinco motivos.
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Primer motivo, dividido en tres partes, basado en la infracción del artículo 170 TFUE en la medida en que la Comisión no demostró la existencia de una ventaja para Amazon EU S.à.r.l. (en lo sucesivo, «LuxOpCO»). — Primera parte, relativa al hecho de que la aplicación de la resolución fiscal y su renovación en 2011 no había llevado a la concesión de ninguna ventaja en la medida en que el canon pagado por un tercero por una licencia sobre los activos inmateriales había sido superior al pagado por LuxOpCo a Amazon Europe Holding Technologies SCS (en lo sucesivo, «LuxSCS») en virtud del acuerdo de licencia. La parte demandante considera que la Decisión de la Comisión de 4 de octubre de 2017 relativa a la ayuda de Estado SA.38944 ejecutada por Luxemburgo en favor de Amazon (en lo sucesivo, «Decisión impugnada») afirma erróneamente que el canon efectivamente pagado por LuxOpCo se aparta de un precio de plena competencia.
— Segunda parte, relativa a errores manifiestos de hecho y de Derecho de que adolece el examen efectuado en la Decisión impugnada en relación con una supuesta mala aplicación del método transaccional del margen neto en el marco de la resolución fiscal, tanto en la elección de la parte examinada como en la aplicación de los parámetros de dicho método.
— Tercera parte, relativa al argumento de que, por el contrario, es el cálculo del precio de transferencia efectuado por la Comisión en la Decisión impugnada el que lleva a un resultado que se aparta manifiestamente del principio de plena competencia.
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Segundo motivo, dividido en dos partes, basado en la infracción del artículo 107 TFUE en la medida en...
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