Written answers

Tuesday, 17 January 2017

Department of Finance

Departmental Legal Costs

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein)
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261. To ask the Minister for Finance the total cost of the State's involvement in an appeal (details supplied), in view of the fact that the European Court of Justice found that the Federal Republic of Germany, the Republic of Ireland and the Kingdom of Spain must bear their own costs; the legal firms used by the State for the appeal; his views on whether this money was well spent; and if he will make a statement on the matter. [1100/17]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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The State's intervention in case C-21/15P Commission v Banco Santander and Santusa was lodged in January 2016, following the Government Decision to approve the intervention on 30 April 2015. The Government decided to intervene in these cases because they relate to State Aid and Corporation Tax.

All Member States have legal standing to intervene in cases that go before the European courts and do so from time-to-time if it is considered that the case raises points of relevance and in order to influence the jurisprudence.  This case was considered to be important for Ireland as it relates to the interpretation of selectivity and state aid, with a particular regard to tax measures.

The total costs paid for by the State, in relation to this case, amount to approximately €31,500.

The legal costs in this case have been met from existing resources in the Attorney General's Office. There were additional costs including translation services, travel and other associated costs, incurred by officials of the Department of Finance, Attorney General's Office and the Chief State Solicitors Office.

There has been no engagement with private law firms or private financial firms in this case. The legal case has been undertaken by the Attorney General's Office who have engaged legal counsel as appropriate.

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