Case C-219/16 P: Judgment of the Court (Second Chamber) of 28 June 2018 — Lowell Financial Services GmbH, formerly GFKL Financial Services AG v European Commission, Federal Republic of Germany (Appeal — State aid — German tax legislation concerning the possibility of carrying certain losses forward to future tax years (‘restructuring clause’) — Decision declaring the aid scheme incompatible with the internal market — Action for annulment — Admissibility — Article 263, fourth paragraph, TFEU — Person individually concerned — Article 107(1) TFEU — Concept of ‘State aid’ — Condition relating to selectivity — Determination of the reference framework — Legal classification of the facts)
Judgment of the Court (Second Chamber) of 28 June 2018 — Lowell Financial Services GmbH, formerly GFKL Financial Services AG v European Commission, Federal Republic of Germany
(Case C-219/16 P) ( 1 )
‛(Appeal — State aid — German tax legislation concerning the possibility of carrying certain losses forward to future tax years (‘restructuring clause’) — Decision declaring the aid scheme incompatible with the internal market — Action for annulment — Admissibility — Article 263, fourth paragraph, TFEU — Person individually concerned — Article 107(1) TFEU — Concept of ‘State aid’ — Condition relating to selectivity — Determination of the reference framework — Legal classification of the facts)’
2018/C 294/05Language of the case: GermanParties
Appellant: Lowell Financial Services GmbH, formerly GFKL Financial Services AG (represented by: M. Schweda, J. Eggers, M. Knebelsberger and F. Loose, Rechtsanwälte)
Other parties to the proceedings: European Commission (represented by: R. Lyal, T. Maxian Rusche and K. Blanck-Putz, acting as Agents), Federal Republic of Germany
Operative part of the judgment
The Court:
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1. |
Dismisses the cross-appeal; |
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2. |
Sets aside points 2 and 3 of the operative part of the judgment of the General Court of the European Union of 4 February 2016, GFKL Financial Services v Commission (T-620/11, EU:T:2016:59); |
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3. |
Annuls Commission Decision 2011/527/EU of 26 January 2011 on State aid C 7/10 (ex CP 250/09 and NN 5/10) implemented by Germany — Scheme for the carry-forward of tax losses in the case of restructuring of companies in difficulty (Sanierungsklausel); |
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4. |
Orders the European Commission to bear its own costs and to pay the costs incurred by Lowell Financial Services GmbH in relation to the proceedings both at first instance and on appeal. |
( 1 ) OJ C 222, 20.6.2016.