Case C-347/04: Judgment of the Court (Second Chamber) of 29 March 2007 (reference for a preliminary ruling from the Finanzgericht Köln — Germany) — Rewe Zentralfinanz eG, as universal legal successor of ITS Reisen GmbH v Finanzamt Köln-Mitte (Freedom of establishment — Corporation tax — Immediate offsetting of losses incurred by parent companies — Losses stemming from write-downs to the book value of shareholdings in subsidiaries established in other Member States)
Date: 2007-04-28
Institutions: Court of Justice
Subjects: corporation tax, interpretation of the law, parent company, shareholding, subsidiary, tax relief, tax system

C 96/4

EN

Official Journal of the European Union

28.4.2007

Defendant: Republic of Finland (represented by: T. Pynnä and
E. Bygglin, Agents)

Interveners in support of
the defendant: Kingdom of Denmark
(represented by: J. Molde, Agent), Federal Republic of Germany
(represented by: A. Tiemann and M. Lumma, Agents), Kingdom
of
(represented by: H. G. Sevenster and
C.M. Wissels and by P. van Ginneken, Agents)

the Netherlands

Re:

Failure of a Member State to fulfil its obligations — Infringe-
ment of Article 28 EC — Purchase by a public undertaking of
institutional kitchen equipment — Obligation of transparency

Operative part of the judgment

The Court:

1. Dismisses the action as inadmissible;

Article 43 EC), Article 58 (now Article 48 EC) and Article 73b
(now Article 56 EC) — National legislation on corporation tax
limiting the set-off by resident parent companies of
losses
resulting from the writing down of holdings in subsidiary
companies resident for tax purposes in other Member States

Operative part of the judgment

In circumstances such as those of the main proceedings, in which a
parent company holds shares in a non-resident subsidiary which give it
a definite influence over the decisions of that foreign subsidiary and
allow it to determine its activities, Article 52 of the EC Treaty (now,
after amendment, Article 43 EC) and Article 58 of the EC Treaty
(now Article 48 EC) preclude legislation of a Member State which
restricts the right of a parent company which is resident in that State
to deduct for tax purposes losses incurred by that company in respect
of write-downs to the book value of its shareholdings in subsidiaries
established in other Member States.

2. Orders the Commission of the European Communities to pay the

(1) OJ C 273, 6.11.2004.

costs.

(1) OJ C 179, 10.7.2004.

Judgment of the Court (Second Chamber) of 29 March
2007 (reference
a preliminary ruling from the
Finanzgericht Köln — Germany) — Rewe Zentralfinanz eG,
ITS Reisen GmbH v
as universal

successor of

legal

for

Finanzamt Köln-Mitte

(Case C-347/04) (1)

(Freedom of establishment — Corporation tax — Immediate
offsetting of losses incurred by parent companies — Losses
stemming from write-downs to the book value of sharehold-
ings in subsidiaries established in other Member States)

(2007/C 96/06)

Language of the case: German

Judgment of the Court (Second Chamber) of 26 April 2007
(reference for a preliminary ruling from the Court of
Appeal — United Kingdom) — Boehringer Ingelheim KG,
Boehringer
Ingelheim Pharma GmbH & Co. KG v
Swingward Ltd, and Boehringer Ingelheim KG, Boehringer
Ingelheim Pharma GmbH & Co. KG v Dowelhurst Ltd, and
Glaxo Group Ltd v Swingward Ltd, and Glaxo Group Ltd,
The Wellcome Foundation Ltd v Dowelhurst Ltd, and
SmithKline Beecham plc, Beecham Group plc, SmithKline
& French Laboratories Ltd v Dowelhurst Ltd, and Eli Lilly
and Co. v Dowelhurst Ltd

(Case C-348/04) (1)

(Industrial and commercial property — Trade mark rights —
Pharmaceutical products — Parallel imports — Repackaging
of the product bearing the trade mark)

(2007/C 96/07)

Language of the case: English

Referring court

Finanzgericht Köln

Parties to the main proceedings

Referring court

Court of Appeal

Applicant: Rewe Zentralfinanz eG, as universal legal successor of
ITS Reisen GmbH

Parties to the main proceedings

Defendant: Finanzamt Köln-Mitte

Re:

Reference for a preliminary ruling — Finanzgericht Köln —
amendment,
52
Interpretation

of Article

(now,

after

Ingelheim KG, Boehringer

Ingelheim
Applicants: Boehringer
Pharma GmbH & Co. KG, Glaxo Group Ltd, The Wellcome
Foundation Ltd, SmithKline Beecham plc, Beecham Group plc,
SmithKline & French Laboratories Ltd, and Eli Lilly and Co.

Defendants: Swingward Ltd and Dowelhurst Ltd