The public prosecutor at the Court of Justice of the Republic (CJR) announced on Monday that it had requested a dismissal of the case for the former Budget Minister Éric Woerth in the judicial information opened in 2019 on a disputed tax boost granted in 2009 to Bernard Tapie.
According to a press release from the General Prosecutor's Office at the Court of Cassation, "the intentional element of the offense of misappropriation does not appear to be sufficiently characterized".
Suspected of having granted a tax boost to Bernard Tapie after the controversial arbitration of his conflict with Crédit Lyonnais, Éric Woerth was indicted in early July by the Court of Justice of the Republic (CJR) for "embezzlement" , that is to say, in this case, the granting of an undue tax advantage.
Clearly, he is suspected of having granted a tax boost to Bernard Tapie after the controversial arbitration of his conflict with Crédit Lyonnais.
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As part of this arbitration rendered in 2008 and since canceled in civil proceedings, Bernard Tapie was awarded 403 million euros to settle his dispute with the bank concerning the sale of Adidas.
Part of the money was paid to Groupe Bernard Tapie (GBT), one of the holding companies of the former president of Olympique de Marseille.
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For the tax authorities, the money paid to GBT should be taxed under corporation tax (33.3%), but the Tapie camp demanded the application of the much more favorable capital gains regime. (1.67%).
Finally, in a letter dated April 2, 2009, Éric Woerth's cabinet had decided to tax two-thirds of the allowance at 1.67% and the remaining third at 33.3%.