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Case C-607/17: Request for a preliminary ruling from the Högsta förvaltningsdomstolen (Sweden) lodged on 24 October 2017 — Skatteverket v Memira Holding AB
ECLI:EU:UNKNOWN:62017CN0607
62017CN0607
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Valentina R., lawyer
8.1.2018
Official Journal of the European Union
C 5/23
(Case C-607/17)
(2018/C 005/31)
Language of the case: Swedish
Referring court
Parties to the main proceedings
Applicant: Skatteverket
Defendant: Memira Holding AB
Questions referred
1.Must account be taken, in the assessment of whether a loss in a subsidiary in another Member State is definitive within the meaning given in, inter alia, the case of A, and the parent company may thus deduct the loss on the basis of Article 49 TFEU, of the fact that, under the rules of the subsidiary’s State, there are restrictions on the possibility for parties other than the party itself which made the loss to deduct the loss?
2.If a restriction such as that referred to in question 1 must be taken into consideration, must account then be taken of whether, in the case in question, there actually is another party in the subsidiary’s State which could have deducted the losses if that were permitted there?