This document is an excerpt from the EUR-Lex website
Document 62006CA0293
Case C-293/06: Judgment of the Court (Fourth Chamber) of 28 February 2008 (reference for a preliminary ruling from the Finanzgericht Hamburg, Germany) — Deutsche Shell GmbH v Finanzamt für Großunternehmen in Hamburg (Freedom of establishment — Taxation of companies — Monetary effects upon the repatriation of start-up capital granted by a company established in one Member State to its permanent establishment in another Member State)
Case C-293/06: Judgment of the Court (Fourth Chamber) of 28 February 2008 (reference for a preliminary ruling from the Finanzgericht Hamburg, Germany) — Deutsche Shell GmbH v Finanzamt für Großunternehmen in Hamburg (Freedom of establishment — Taxation of companies — Monetary effects upon the repatriation of start-up capital granted by a company established in one Member State to its permanent establishment in another Member State)
Case C-293/06: Judgment of the Court (Fourth Chamber) of 28 February 2008 (reference for a preliminary ruling from the Finanzgericht Hamburg, Germany) — Deutsche Shell GmbH v Finanzamt für Großunternehmen in Hamburg (Freedom of establishment — Taxation of companies — Monetary effects upon the repatriation of start-up capital granted by a company established in one Member State to its permanent establishment in another Member State)
OJ C 107, 26.4.2008, p. 4–4
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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26.4.2008 |
EN |
Official Journal of the European Union |
C 107/4 |
Judgment of the Court (Fourth Chamber) of 28 February 2008 (reference for a preliminary ruling from the Finanzgericht Hamburg, Germany) — Deutsche Shell GmbH v Finanzamt für Großunternehmen in Hamburg
(Case C-293/06) (1)
(Freedom of establishment - Taxation of companies - Monetary effects upon the repatriation of start-up capital granted by a company established in one Member State to its permanent establishment in another Member State)
(2008/C 107/05)
Language of the case: German
Referring court
Finanzgericht Hamburg
Parties to the main proceedings
Applicant: Deutsche Shell GmbH
Defendant: Finanzamt für Großunternehmen in Hamburg
Re:
Preliminary ruling — Finanzgericht Hamburg — Interpretation of Articles 43 EC and 48 EC — Currency exchange loss incurred by a company established in one Member State at the time of repatriation of the start-up capital which it had granted to a permanent establishment set up in another Member State — Not possible to take that loss into account for purposes of taxation in the Member State in which the company is established
Operative part of the judgment
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1) |
It is contrary to Article 52 of the EC Treaty (now, after amendment Article 43 EC) in conjunction with Article 58 of the EC Treaty (now Article 48 EC) for a Member State, when determining the national basis of assessment, to exclude a currency loss suffered by a company with a registered office in that State upon the repatriation of start-up capital granted to its permanent establishment in another Member State. |
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2) |
It is also contrary to Article 52 of the EC Treaty (now, after amendment, Article 43 EC) in conjunction with Article 58 of the EC Treaty (now Article 48 EC) for a Member State to allow a currency loss to be deducted as operating expenditure in respect of an undertaking with a registered office in a Member State only in so far as its permanent establishment in another Member State does not make any tax-free profits. |