On 8 February 2023, Clayton & Segura represented the Belgian State in the excess profit rulings case before the General Court for the second time.
This case originated with an action brought by the Kingdom of Belgium in 2016. By a judgment delivered in 2019, the General Court annulled the Commission Decision SA.37667 on the excess profit exemption implemented in Belgium. The case was then referred to the Court of Justice upon appeal by the European Commission. The decision was partly annulled by the Court of Justice and referred back to the General Court for the remaining pleas.
In the hearing of 8 February 2023, Clayton & Segura argued that the decision should be annulled as the Commission had wrongly applied the selectivity test and had not demonstrated the existence of an advantage.