Edition 2020 Ninth edition
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a6048c931cdc93 TEGOVA EVS 2020 digital
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- Value Added Tax (VAT) and Property
2.1.4.13.
In a judgment of 22 May 2019 in relation to a settlement agreement con- cluded between Madrid City Council and the football club Real Madrid CF to offset the liabilities following a failed land swap, the CJEU confirmed that the value of a plot of land must be assessed taking into account the situation at the date of the transaction (judgment in the case T-791/16, Real Madrid Club de Fútbol v Commission). In the case at hand, the CJEU noted that, at that date, the plot at issue was part of public land and could not be transferred, it being only possible to grant a right of use. Accordingly, the value of the plot "had to correspond to the value which it had for that city council, and thus to the right of use of that plot and not the hypothetical value it would have had had it been transferrable". 2.1.4.14. State subsidies for social housing — In many Member States the provision of social housing is qualified as an SGEI. The financing of social housing may therefore benefit from the so-called SGEI Package and be subject to less rigorous State aid control. In particular, the SGEI Decision 2012/21/EU exempts Member States from the obligation to notify public service com- pensation for providers of social housing to the European Commission. 2.1.4.15. This exemption is of course subject to the conditions laid down in the SGEI Decision. In particular, the State subsidies will only be exempted if they are specifically targeted at "the provision of social housing for disadvantaged citizens or socially less advantaged groups, who due to solvency constraints are unable to obtain housing at market conditions". In the same vein, the CJEU has held that the qualification of social housing as an SGEI can only be upheld for the provision of accommodation to a clearly defined target group of disadvantaged citizens or socially less advantaged groups (judg- ment in the joined cases T-202/10 and T-203/10 RENV II, Stichting Woon- linie and Others v Commission). Activities such as the construction and renting out of apartments to higher income groups cannot qualify as an SGEI. In addition, the CJEU has underlined that it is for the Member State to demonstrate that it complies with this definition. In this context, a 342 VII. European Union Legislation and Property Valuation European Valuation Standards 2020 reference to the maximum value of the dwellings is not acceptable because such reference is not linked to a clearly defined target group of disadvan- taged citizens. Legislation Article 107(1) of the Treaty on the Functioning of the European Union Commission Decision of 20 December 2011 on the application of Article 106(2) of the Treaty on the Functioning of the European Union to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest (2012/21/EU) Commission Notice on the notion of State aid as referred to in Article 107(1) of the Treaty on the Functioning of the European Union (2016/C 262/01) 2.2. Value Added Tax (VAT) and Property Download 1.74 Mb. Do'stlaringiz bilan baham: |
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