Judgment of the Court (Grand Chamber) of  13 December 2005  in Case C-411/03, Reference for a preliminary ruling from the Landgericht Koblenz in proceedings against SEVIC Systems AG (Freedom of establishment — Articles 43 EC and 48 EC — Cross-border mergers — Refusal of registration in the national commercial register — Compatibility)
Date: 2006-02-11
Institutions: Court of Justice
Subjects: Germany, interpretation of the law, merger, registration of a company, right of establishment

11.2.2006

EN

Official Journal of the European Union

C 36/5

3. The Republic of Austria is ordered to pay the costs.

such registration is possible, on compliance with certain conditions,
where the two companies participating in the merger are both estab-
lished in the territory of the first Member State.

4. The Federal Republic of Germany, the Italian Republic and the
Kingdom of the Netherlands are ordered to bear their own costs.

(1) OJ C 289, 29.11.2003.

(1) OJ C 226, 20. 9.2003.

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Grand Chamber)

(Grand Chamber)

of 13 December 2005

of 13 December 2005

in Case C-411/03, Reference for a preliminary ruling from
the Landgericht Koblenz in proceedings against SEVIC
Systems AG (1)

in Case C-446/03, Reference for a preliminary ruling from
the High Court of Justice of England and Wales, Chancery
Division Marks & Spencer plc v David Halsey (Her Majes-
ty's Inspector of Taxes) (1)

(Freedom of establishment — Articles 43 EC and 48 EC —
registration in the
Cross-border mergers — Refusal of

national commercial register — Compatibility)

(Articles 43 EC and 48 EC — Corporation tax — Groups of
companies — Tax relief — Profits of parent companies —
Deduction of losses incurred by a resident subsidiary —
Allowed — Deduction of losses incurred in another Member
State by a non-resident subsidiary — Not included)

(2006/C 36/08)

(Language of the case: German)

(2006/C 36/09)

In Case C-411/03: reference for a preliminary ruling under
Article 234 EC from the Landgericht Koblenz (Germany), made
by decision of 16 September 2003, received at the Court on 2
October 2003, in proceedings against SEVIC Systems AG —
the Court (Grand Chamber) composed of V. Skouris, President,
P.
Jann, C.W.A. Timmermans, A. Rosas and K. Schiemann,
Presidents of Chambers; C. Gulmann (Rapporteur), J.N. Cunha
Rodrigues, R. Silva de Lapuerta, K. Lenaerts, P. Kūris, E. Juhász,
G. Arestis and A. Borg Barthet Judges; A. Tizzano, Advocate
General; L. Hewlett, Principal Administrator, for the Registrar,
gave a judgment on 13 December 2005, the operative part of
which is as follows:

Articles 43 EC and 48 EC preclude registration in the national
commercial register of the merger by dissolution without liquidation of
one company and transfer of
its assets to another
company from being refused in general in a Member State where one
of the two companies is established in another Member State, whereas

the whole of

(Language of the case: English)

In Case C-446/03: reference for a preliminary ruling under
Article 234 EC from the High Court of Justice of England and
Wales, Chancery Division (United Kingdom), made by decision
of 16 July 2003, received at the Court on 22 October 2003, in
the proceedings between Marks & Spencer plc and David
Halsey (Her Majesty's Inspector of Taxes) — the Court (Grand
Chamber), composed of V. Skouris, President of the Chamber,
P.
Jann, C.W.A. Timmermans and A. Rosas, Presidents of
Chambers, C. Gulmann (Rapporteur), A. La Pergola, J. P. Puisso-
chet, R. Schintgen, N. Colneric, J. Klučka, U. Lõhmus, E. Levits
Judges; M. Poiares Maduro, Advocate
and A. Ó Caoimh,
General; K. Sztranc, Administrator, for the Registrar, gave a
judgment on 13 December 2005, the operative part of which
is as follows: