27.1.2020

EN

Official Journal of the European Union

C 27/21

(Case C-797/19)

(2020/C 27/27)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant and appellant in the appeal on a point of law: B-GmbH

Defendant and respondent in the appeal on a point of law: D Tax Office

Question referred

Is Article 107(1) of the Treaty on the Functioning of the European Union to be interpreted as meaning that State aid falling within the scope of that provision exists if, under the legislation of a Member State, losses incurred (on a permanent basis) by an incorporated company as a result of an economic activity carried out without remuneration that is sufficient to covers costs are to be regarded, in principle, as covert distributions of profits and, accordingly, must not reduce the profits of an incorporated company but, nevertheless, those legal consequences are not to be applied for permanently loss-making business activities in the case of incorporated companies in which the majority of voting rights are directly or indirectly held by legal persons governed by public law, if they carry out the activities concerned for reasons of transport, environmental, social, cultural, educational or health policy?