ALERT: STATE AID - INCOMPATIBLE AID - CONCEPT OF AN AID - SELECTIVE NATURE - TAX EXEMPTION

Incompatible aid: The General Court of the European Union confirms the selective nature of the « Sanierungsklausel » of the German corporate tax system in favour of companies in difficulty (Heitkamp BauHolding / GFKL Financial Services)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 4 February 2016, the European Court of First Instance delivered two first judgments concerning the aid scheme resulting from the reorganisation clause in the Corporation Tax Act ("KStG, Sanierungsklausel") in favour of undertakings in difficulty. In June 2009, following an amendment to the Corporation Tax Act, a provision was inserted in Article 8c in the form of paragraph 1a, according to which a loss carry forward continues to be possible when the acquisition of a company in difficulty takes place for reorganisation purposes. This new provision thus created a derogation from the limitation on loss carry forward introduced as of 1 January 2008 by §

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • L’actu-concurrence (Paris)

Quotation

Alain Ronzano, Incompatible aid: The General Court of the European Union confirms the selective nature of the « Sanierungsklausel » of the German corporate tax system in favour of companies in difficulty (Heitkamp BauHolding / GFKL Financial Services), 4 February 2016, Concurrences N° 2-2016, Art. N° 79657, www.concurrences.com

Visites 117

All reviews