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Case C-399/16: Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 18 July 2016 — X NV v Staatssecretaris van Financiën
ECLI:EU:UNKNOWN:62016CN0399
62016CN0399
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Valentina R., lawyer
10.10.2016
Official Journal of the European Union
C 371/5
(Case C-399/16)
(2016/C 371/06)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Appellant: X NV
Respondent: Staatssecretaris van Financiën
Questions referred
1.Must Articles 43 EC and 48 EC (now Articles 49 TFEU and 54 TFEU) be interpreted as precluding national legislation on the basis of which a parent company established in a Member State cannot take into account a currency loss in connection with the amount which it has invested in a subsidiary established in another Member State, whereas it would be able to do so if that subsidiary were to be included in a single tax entity — with characteristics such as those of the Netherlands single tax entity — with that parent company established in the first-mentioned Member State, as a result of consolidation within the single tax entity?
2.If the answer to Question 1 is in the affirmative: can or must the point of departure for determining the currency loss to be taken into account be that (one or more of) the direct and indirect subsidiaries indirectly held by the parent company concerned, through the subsidiary in question, and established in the European Union, should also be included in the single tax entity?
3.If the answer to Question 1 is in the affirmative: should account be taken only of currency losses that would have been reflected on the parent company’s inclusion in the single tax entity in the years to which the dispute relates, or should the currency exchange results that would have been reflected in earlier years also be taken into account?