Volume 39 (2011) / Issue 11

Jeanette Calleja Borg, 'Non-exhausted Losses and the Merger Directive: What It Fails to Say' (2011) 39 Intertax, Issue 11, pp. 557–563


This article will discuss the provisions in the Merger Directive that deal with losses and loss carry-forward and whether these provisions entail sufficient guidelines for companies reorganizing their activities on the European Union (EU). It also addresses the anti-abuse provisions found in Article 15 of the Directive with particular reference to carry-over of losses. The FOGGIA case, which was recently referred to the European Court of Justice (ECJ), will also be discussed in this article.

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ISSN: 0165-2826
ID: TAXI2011058