ECJ: Non-deductibility of foreign PE losses in Germany compatible with EC freedom of establishment
On 15 May 2008, the European Court of Justice (ECJ) gave its decision in the case of Lidl Belgium GmbH & Co. KG v. Finanzamt Heilbronn (C-414/06). The Federal Finance Court (Bundesfinanzhof) had requested a preliminary from the ECJ on 28 July 2006.
The ECJ held that Art. 43 of the EC Treaty (freedom of establishment) does not preclude a situation in which a c…
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