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VARUL's competition and tax law team, led by partner Helmut Pikmets, represented the Tallink Group in a procedure conducted by the European Commission in connection with possible illegal state aid resulting from legislation on excise duty and deposit on packaging.
The dispute arose from the fact that, according to Estonian legislation on excise duty and deposit on packaging, packaging taken from Estonia to another Member State and packaging delivered on board a vessel or aircraft involved in international transport for consumption or purchase by passengers are entirely exempt from the excise duty on packaging. Furthermore, labelling concerning the deposit on packaging need not be indicated on such packaging.
Since 17 February 2012 the European Commission had been processing a complaint of Aldar Eesti OÜ alleging that the Tallink Group and other companies have been receiving illegal state aid, which is incompatible with the common market, on account of the exemption from the excise duty and deposit on packaging.
The procedure before the European Commission ended favourably for the Republic of Estonia, the Tallink Group and other related companies, as the European Commission issued a decision stating that the measures in question did not constitute illegal state aid.
The Commission’s decision is available at: http://ec.europa.eu/competition/state_aid/cases/257211/257211_1660931_90_2.pdf
See also: Tallink Grupi esindamine Riigikohtus seoses pakendiaktsiisi ja pakendi tagatisraha regulatsiooniga (Representation of Tallink Group in Supreme Court in connection with legislation on excise duty and deposit on packaging)
Eesti Ekspress: Miks on Tallinki alkoholiäri nii edukas? (Why is Tallink’s alcohol business so successful?)
Raamatupidamisuudised: Ärimees kaebas riigi pakendiaktsiisi pärast kohtusse (Businessman sue state over excise duty on packaging)
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