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EU Commission’s Transfer Pricing Analysis at Stake
The Amazon Case According to the General European Court
The Amazon case deals with a long-term dispute between the European Commission and the Amazon group and Luxembourg concerning a state aid decision which the European General Court (EGC) has recently judged on May 12th, 2021. The focus of the case lies on the transfer pricing approach carried out by the Commission, including a functional analysis of the entities involved. This landmark decision deepens into details and establishes an important framework for interpreting transfer pricing arrangements within the European law. Although the decision does neither come up with new findings in state aid enforcement nor tackles the main flaw of the case, it crystallises EGC’s transfer pricing position vis-à-vis the several state aid decisions enacted by the Commission in the last years.
1. Facts of the Case
The EGC analysed the European structure of the Amazon group established after a restructuring in 2006. The headquarters of the group is U.S.-based, whereas two main Luxembourg entities were responsible for the European market, namely LuxSCS, a Luxembourg limited partnership, whose partners were U.S. companies, and LuxOpCo, subsidiary of LuxSCS and a limited company with its registered offi...