Volume 39 (2011) / Issue 11
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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