CASE COMMENTS: STATE AIDS – LOSS CARRYOVER – CONSISTENCY OF A TAX MEASURE

Selective nature of a tax measure: The General Court of the European Union rules that a selective advantage arises from the possibility to carry forward past losses which is made available for firms in difficulty whose shareholders have changed when such a possibility is normally lost by firms whose shareholders have changed (Heitkamp BauHolding / Commission)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. The two judgments of 4 February 2016 (in addition to the Heitkamp BauHolding v. Commission judgment which is discussed here, the Tribunal delivered another judgment on the same day: Trib. UE, 4 February 2016, GFKL Financial Services v. Commission. This last judgment will not be discussed below as its contribution is similar to that of the Heitkamp BauHolding v. Commission judgment) relating to the Sanierungsklausel (German tax legislation concerning the carry forward of losses to future tax years) presents an interesting case of analysis of the selectivity of a tax measure. German corporate tax law provides that losses realised in one tax year

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Bruno Stromsky, Selective nature of a tax measure: The General Court of the European Union rules that a selective advantage arises from the possibility to carry forward past losses which is made available for firms in difficulty whose shareholders have changed when such a possibility is normally lost by firms whose shareholders have changed (Heitkamp BauHolding / Commission) , 4 February 2016, Concurrences N° 2-2016, Art. N° 78984, pp. 159-161

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