French retailers will be unable to reclaim hundreds of millions of euros in tax paid to state pension funds under a ruling made last week by the European Court of Justice.
The retailers had argued, unsuccessfully, that a tax on retail stores with sales areas exceeding 400 square meters, and with annual revenues of more than EUR460,000 ($555,000), which is used to finance retirement schemes, amounted to illegal state aid for smaller stores.
The tax, which increases for stores with larger sales areas and revenues, is collected by the French social security agency.
The retailers, including Groupe Casino and Bricorama, initially took the case to the social security court in 2001. The case was dismissed, but referred by an appeal court to the ECJ.
The matter will now be passed back to the French courts, although the ECJ's ruling is binding on national judges.
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