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Document 62011CN0123

    Case C-123/11: Reference for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 9 March 2011 — A Oy

    SL C 145, 14.5.2011, p. 17–17 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    14.5.2011   

    EN

    Official Journal of the European Union

    C 145/17

    Reference for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 9 March 2011 — A Oy

    (Case C-123/11)

    2011/C 145/24

    Language of the case: Finish

    Referring court

    Korkein hallinto-oikeus

    Parties to the main proceedings

    Applicant: A Oy

    Defendant: Veronsaajien oikeudenvalvontayksikkö and Valtiovarainministerio

    Questions referred

    1.

    Do Article 49 TFEU and Article 54 TFEU require that the acquiring company is entitled to deduct in its taxation losses incurred in previous years by a company merging with it, which has resided in another Member State where it has incurred the losses in connection with business activities, when the acquiring company will not have a fixed place of business in the resident state of the acquired company and when, under national legislation, the acquiring company is entitled to deduct the losses of an acquired company, if the acquired company was Finnish or if the losses had been incurred in a fixed place of business located in this state?

    2.

    If the answer to the first question is affirmative, do Article 49 TFEU and Article 54 TFEU have a bearing on whether the loss to be deducted is calculated in accordance with the tax legislation of the acquiring company’s state of residence, or should the losses consolidated in the acquired company’s state of residence be considered as the deductible losses?
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