We use cookies on this site to provide you with an informative and engaging experience and also to help us to continually improve our site for you. Without allowing cookies certain features of the site will not be available. To learn more about how we use cookies, please view our cookie policy. By clicking on ‘I AGREE’, you consent to our use of cookies on this device in accordance with our policy.

Logo of Wolters Kluwer, Kluwer Law Online

Home > All journals > Intertax > 49(11) >

Case Law Note: Is Nn A/S (C-28/17) A Potential Trendsetter?

Cover image ofIntertax

$25.00 - Rental (PDF) *

$49.00 - Article (PDF) *

*service fee may apply
Case Law Note: Is Nn A/S (C-28/17) A Potential Trendsetter?


Intertax
Volume 49, Issue 11 (2021) pp. 948 – 955

https://doi.org/10.54648/taxi2021094



Abstract

This contribution examines the decision of the Court of Justice of the European Union (CJEU) of 4 July 2018 in Case C-28/17 NN A/S concerning the compatibility of a Danish rule prohibiting double deductions of losses with the freedom of establishment in Article 49 of the Treaty on the Functioning of the European Union (TFEU). In this case, the Court found the rule to be compatible with the freedom of establishment unless its application deprived the group of any effective possibility of deducting the loss in either of the two Member States involved. While this article finds merit in the Court’s reasoning, it also finds a few inadequacies mainly due to the Court disregarding differences in tax rates between Member States. Another finding is that, from a theoretical perspective, Denmark should not be required to allow the group to set off its loss considering the specific circumstances at hand in the underlying case. Furthermore, the judgment is presented as a potential trendsetter since it represents a development in the Court’s case law on rules preventing double deductions of losses, now handled in the Anti-Tax Avoidance Directive (ATAD).


Keywords

ATAD, NN A/S, CJEU, freedom of establishment, trendsetter.


Extract




Subscribe to this journal

Interested in a subscription? Contact our sales team

Contribute to this journal

Go Directly to PeerEase! Submit Article

Browse by practice area
Share
Stay up to date


RSSETOC