AG opinion in Irish Air Travel Tax case

This morning Advocate General Mengozzi handed down his opinion in the appeals in the Aer Lingus and Ryanair cases concerning the Irish air travel tax (Joined Cases C-164/15 P and C-165/15 P). The AG has recommended setting aside, in part, the judgment of the General Court, and remitting the case to the General Court for judgment on the remaining issues not decided in that case.

The opinion is here. Given the interesting and difficult issues which these appeals raise, in particular on the relationship between the State aid rules and the free movement rules, the CJEU will need to consider very carefully the conclusions it reaches in its judgment in this case.

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